.«> 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 

ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


A.OTS 


OF  THE 


SECOND  CALLED  SESSIOK,  1861 


AND   OF   THE 


FIRST  REGULAR  ANNUAL  SESSION 


OF   THE 


GENERAL  ASSEMBLY  OF  ALABAMA, 


HELD   IN   THE 


CITY  OF  MONTaOMERY, 


COMMENCING   ON  THE 


28TH  DAY  OF  OCTOBER  AND  SECOND  MONDAY  IN  NOVEMBER,  1861. 


ANDREW  B.  MOORE,  Governor  until  December  2,  1861. 
JOHN  GILL  SHORTER,  Governor. 

WM.  H.  CRENSHAW,  Speaker  of  tlie  House  of  Representatives. 
ROBERT  M.  PATTON,  President  of  the  Senate. 


MONTGOMERY,  ALA.: 

MONTGOMEBY  ADVKKTI.SEK  BOOK  AND  JOB  OFFICE. 

1862. 


L^^VrS  OF  ALABAMA.. 


No.  1.]  AN   ACT 

For  the  relief  of  Tax-Payers  and  Collectors. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre-     ^^^^^^^  ^f 
seniaiives   of  the   State  of  Alabama,  in  General  Assembly  time  for  making 
convened,  That  an  act  entitled  "  An  Act  to  extend  the  *='""''"''°'- 
time  for  the  pa3mient  of  taxes  into  the  State  Treasury, 
and  for  other  purposes,"  approved  February  8th,  1861, 
be  so  amended  as  to  give  until  May  Ist,   1862,  for  col- 
lecting and  paying  over  the  taxes  for  the  year  1861. 

Sec.  2.  Beit  further  enacted,  That  the  tax  collectors  Ki„d  of  funds 
of  this  State  may  take  in  payment  of  taxes  treasury 
notes  of  this  State  or  of  the  Confederate  States,  and 
any  current  bank  notes  of  the  State  of  Alabama.  Pro- 
vided, If  in  the  opinion  of  the  Governor,  any  of  the 
banks  of  this  State  shall  become  unsafe,  he  may  by 
proclamation  and  by  notice  to  the  tax  collectors,  pro- 
hibit the  reception  of  the  bills  of  any  such  bank.  Pro- 
vided further.  That  the  written  assent  of  the  securities  ^/Bec^u^iuc?!"^ 
of  the  several  tax  collectors  to  the  extension  provided 
for  by  this  act  shall  be  obtained  by  the  several  tax  col- 
lectors and  filed  with  the  comptroller  of  public  accounts 
and  approved  by  the  comptroller,  before  the  said  exten- 
sion shall  take  eflect. 

Approved,  Dec.  10,  1861. 


receivable   for 
taxes. 


No.  2.]  AN  ACT 

To  raise  Revenue  from  Crops  Loaned,   and   for  r.tlKT 
purposes. 

vSrc.  I.  Be  it  enacted  by  the  Senate  and  Ifouxr  of  Rrprc- 
rf  the  State  cf  A''>"""  in   Gen-     '    "■  'y 


1?61.  4 

Taxes  on  crops  co7we7iecl,  That  tliG  Same  rate  of  tax  as  is  levied  and 
I'.auod.  collected  by  law  on  moneys  loaned,  shall  be  levied  and 

collected   on   crops  or  the  proceeds  thereof  loaned  or 
kept  at  interest. 

Sec.  2.  J3e  it  further  enacted,  That  the  tax  hereafter 
On  moneys i.oar- jjggjjggg,!  ^,^j  collcctcd  on  moncy  hoardcd  shall  be  five 
per  cent,  on  the  amount  hoarded  instead  of  the  tax  di- 
rected to  be  assessed  and  collected  by  existing  laws. 
And  that  under  the  term  "  money  hoarded,"  shall  be 
embraced  as  well  money  hoarded  as  all  money  deposited 
out  of  the  State,  money  lent  out  of  the  State  at  a  less 
rate  of  interest  than  five  per  cent,  per  annum,  and  all 
Proviso.  mone}^  on  hand.     Provided,  The  provisions  of  this  sec- 

tion shall  not  apply  to  money  kept  on  hand  exclusively 
to  purchase  family  supplies  not  to  exceed  the  amount 
necessar}^  for  one  year,  but  shall  apply  only  to  money 
purposely  withheld  from  circulation  or  not  employed  in 
business. 
Certain  loans  ex-  ^^^'  ^-  -^'^^  ^^  it  further  ejiactcd,  That  no  tax  shall  be 
e«np'-  assessed  on  loans  of  either  produce  or  money  to   the 

Confederate  States  or  to  this  State. 
Approved,  Dec- 10,  18G1. 


No.  3.]  AN  ACT 

To  provide  a  Fund  for  the  Aid  of  Indigent  Families  of 
Volunteers  absent  in  the  Array. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  JRepre- 
sentatices  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  a  special  tax  of  twenty-five  per  cent,  on 
Special  Ins  of  25  the  amouut  wlijch  is  now,  or  may  hereafter  be  imposed 
coiiecfed.'  '"  ^^  on  all  the  taxable  property  in  this  State  as  a  general 
tax,  to  be  collected  by  the  several  tax  collectors  in  this 
State,  at  the  same  time,  and  under  the  same  rules  and 
regulations,  and  subject  to  the  same  liabilities  and  re- 
strictions now  imposed  by  law  in  the  collection  of  the 
annual  taxes  of  the  State,  to  be  designated  as  "a  fund 
for  the  aid  of  indigent  families  of  absent  volunteers," 
and  such  tax  shall  be  collected  for  the  present  year  by 
the  several  tax  collectors  upon  the  last  assessment  made 
in  the  several  counties,  at  the  same  time  they  may 
collect  the  state  and  county  taxes  for  the  present  year, 


5  18G1. 

and  shall  continue  to  be  imposed  and  collected  annually 
during  the  continuance  of  the  exif>ting  war,  between 
the  Confederate  States  and  the  United  States,  or  until 
altered  or  repealed  by  the  General  Assembly,  and  the 
said  special  tax  shall  be  paid  into  the  treasury  of  the 
State  as  other  State  taxes. 

Sec.  2.  And  he  it  farther  enacted,  Thf\t  it  shall  be  the '''■•^''?*^'^''-:''" 

-  „     ,         .      ,         •^'      ,  ,  '  ,  ...     appoint  ;i   dny 

duty  ot  the  judge  ot  probate  ot  each  couniy  in  this  f'>rComs.  cour; 
State,  within  one  month  after  the  passage  of  this  act,  or 
as  soon  thereafter  as  practicable,  to  call  together  the 
court  of  county  commissioners  for  his  count}^  on  a  day 
to  be  appointed  by  him,  and  at  such  special  term  of  the 
court  so  called,  it  shall  be  the  dut}' of  the  court,  to  sioners  c?"'™.'^ 
select  and  appoint  one  discreet  and  trustworthy  agent, 
in  each  election  precinct  in  such  county,  whose  duty  it 
shall  be  to  enquire  and  ascertain  the  number  and  name 
of  each  resident  of  such  precinct,  who  may  be  absent 
therefrom  as  a  volunteer  in  the  army,  when  such  volun- 
teer left,  and  in  what  company  and  regiment,  to  enquire 
and  ascertain  if  such  volunteer  left  a  wife,  child  or  chil- 
dren, or  father  or  mother,  or  minor  brothers  or  sisters, 
dependent  upon  him  for  support,  and  the  number,  sex 
and  ages  of  those  composing  the  family  left  by  such 
volunteer,  dcj^eiident  upon  him  as  aforesaid,  and  their 
condition  and  situation  as  to  means  of  support,  and 
whether  such  family,  or  any  member  thereof,  actually 
needs  aid  and  assistance  from  the  public  in  the  wsiy 
of  food  and  clothing,  and  of  what  nature  and  to  what 
extent,  and  for  what  length  of  time,  and  such  agent  Age hu. 
shall,  within  twenty  cla_ys  after  his  appointment,  report 
in  writing  the  result  of  his  enquiries  to  the  judge  of 
probate  of  his  count}',  showing  the  name  of  each  absent 
volunteer  from  his  precinct,  the  number,  sex  and  ages 
of  any  family  left  by  him,  needing  the  aid  of  the  public, 
what  means  ot  support  tho\-  had,  what  they  actually 
need  in  the  way  of  food  and  clothing,  or  eitlicr,  and 
how  long  they  will  probably  require  such  aid. 

Sec.  3.  And  he  it  farther  enacted.  That  it  shall  be  tlie  J*^g^"f  i*^-'"""^ 
duty  of  the  judge  of  probate  of  each  county  as  af  re- 
sold, upon  receiving  the  report  of  the  several  precintt 
agents  in  lais  county  as  provided  for  in  this  act,  forth- 
with to  call  a  special  term  of  the  court  of  county  com- 
missioners for  his  county,  and  it  shall  be  the  duty  of 
the  court  at  the  special  term  so  called,  carefully  to  ex- 
amioG  the  report  of  the  precinct  agent;  and  to  ascer- 


1861.  6 

tain  from  such  reports,  and  such  other  sources  of  infor- 
mation as  may  be  accessible  to  the  court,  Avhat  number 
of  families  of  absent  volunteers  belonging  to  their  re- 
Li^t  of  indigent  spective  counties,  may  be  in  indigent  circumstances  and 
families.  unablo  to  support  themselves,  and  what  amount  it  would 

require  to  furnish  adequate  aid  in  the  way  of  provisions 
and  clothinsf  to  i?uch  indigent  families  during  each  year 
of  the  absence  of  such  volunteers,  and  cause  the  names 
of  such  families  to  be  entered  upon  the  records  of  the 
court,  with  a  carefully  prepared  estimate  of  the  amount 
necessary  to  render  each  of  said  families  adequate  aid 
in  the  way  of  provision  and  clothing  during  each  year, 
and    such  estimate  in   detail,    shall  also  be  entered  of 
I      record,  and  such  court  shall  furnish  the  comptroller   of 
ria.ie  to  comp-  puldic  accouuts  witli  a  duly  certitied  copy  of  such  record, 
trailer.  witliiu  twcut}^  days  after  making  the  same,  showing  the 

numbers  of,  and  names  of  families  of  absent  volunteers 
requiring  aid  in  his  count}^  and  the  amount  thereof. 
Sec.  4.  And  be  it  further  enacted,  That  it  shall  be  the 
[;,;,'i'ier?^  ^""'''  <bity  of  the  comptroller  of  public  accounts,  upon  receiv- 
ing the  transcripts  of  record  from  the  several  counties 
in  this  State,  showing  the  number  and  names  of  indigent 
families  of  absent  volunteers  in  each  of  said  counties, 
and  the  estimated  amount  necessary  to  render  them 
adequate  aid  during  each  year,  to  apportion  the  amount 
of  the  special  tax  collected  under  the  authority  of  this 
act,  or  so  much  thereof  as  maybe  necessary,  among  all 
the  counties  of  this  State,  according  to  the  list  of  the 
names  of  indigent  families  of  absent  volunteers,  and 
the  estimate  showing  the  amount  required  by  each,  pre- 
pared and  certified  to  his  office  by  the  court  aforesaid, 
and  the  amount  of  such  fund  coming  to  each  county, 
shall  bo  paid  over  to  the  judge  of  probate  of  such 
county,  and  laid  out  and  expended  under  the  direction 
c  jrt  of  County  and  control  ot  the  court  of  county  commissioners  of  such 
1  keep  account  con  I)  ty,  and  the  court  shall  cause  to  be  kept  an  account 
showing  in  detail  for  whose  account  the  money  was 
expended,  for  what  particular  article,  and  the  price  paid 
for  each  article,  and  of  whom  purchased,  and  shall  re- 
turn to  the  comptroller  of  public  accounts,  showing  the 
disbursement  of  said  fund. 

Sec.  5.  And  he  it  farther  enacted.  That  in  collecting 

'i.-.TCs  mnv  be  .  ''  .iii  i  i* 

iHi.i  in  provis-   the  special  tax  imposed  by  this  act,  it  shall  and  may  be 

,\Vi;"e/'^ "  ""    lawjul  for  the  comptroller  to   authorize  the   court   of 

county  commissioners  of  any  county  in   this  State  to 


1  1861. 

cause  any  part  of  the  same,  not  exceeding  the  amount 
shown  by  the  estimate  returned  to  his  office  a&  necessary 
to  be  expended  in  such  county,  to  receive  in  payment 
provisions  or  material  for  clothing,  such  as  may  be 
needed  by  such  indigent  families  in  such  county ;  Pro- 
vided, the  same  be  offered  by  tax-payers  at  a  fair  market 
price,  and  provided  such  court  may  authorize  orders  to 
be  given  on  tax-payers  in  favor  of  such  indigent  fami- 
lies, and  the  payment  of  such  orders  shall  be  a  valid 
payment  on  account  of  the  taxes  due  from  the  party 
paying  the  same. 

Sec.  6.  A)id  be  it  further  enacted,  That  the  precinct  Agents  to  report 
agents  provided  for  in  the  second  section  of  this  act,  judg^s^"""*""* 
shall  make  their  investigation  into  the  condition  of  in- 
digent families  of  absent  volunteers,  and  report  the  re- 
sult of  such  investigation  to  the  judge  of  probate  of 
each  county  from  time  to  time,  as  volunteers  may  en- 
gage in  the  public  service  from  such  county,  and  report 
the  same  as  in  this  act  provided,  and  the  courts  of 
county  commissioners  shall  record  the  names  and  make 
the  estimate  as  herein  provided,  and  return  the 
same  to  the  comptroller,  who  shall  include  such 
estimate  in  the  apportionment  of  funds  herein  pro- 
vided. 

Sec.  7.  Be  it  farther  enacted,  That  those  who  have  appiipk  to  sick 
been  engaged  in  service  and  regularly  discharged  on  dLw?""  "^ 
account  of  wounds  or  sickness,  and  are  unable  in  con- 
sequence of  such  wounds  or  sickness  to  support  their 
families,  and  the  widows  and  orphans  of  volunteers  as 
may  have  fallen  in  battle,  shall  have  all  the  benefits  of 
this  act. 

Sec  8.  Be  it  farther  enacted,  That  the  probate  judges  p^^i.^;,.  ju^g^, 
of  the  several  counties,  and  their  securities   in    office, ''"'<^'""y '■"'*''*^- 
shall  be  liable  on  their  official  bond  for   any   misap- 
propriation of  the  fund  sentrusted  to  them  under  this 
act. 

Sec.  0.  Be  it  farther  enacted,  That  one  hundred  and 
fifty  copies  of  this  act  be  printed,  and  sent  by  mail 
forthwith  to  the  probate  judge  of  each  county. 

Sec.  10.  And  he  it  farther  enacted,  That  all  volunteers  v^,u„,^,„. 
from  this  State  in  the  army  of  the  Confederate  States,  f^mpt  from  poi! 
or  in  the  actual  military  service  of  this  State,   shall  be 
exempt  from  the  payment  of  any  poll  tax  so  long  as  they 
remain  in  actual  service  as  such  volunteers. 

Sec.  11.  Be  it  farther  enacted,  That  the  commission- 


1861.  8 

^    ,   „    .     ers'  courts  of  the  several  counties  of  this  State  shall 

Com'rs  Courts  •     ^   ,      •  r   J^  ,i-i  ,  i 

may  apply  sur-   havc  the  risfht,  II  thcv  thiiiK  propcr,  to  apply  any  sur- 

I.1U8  of  County         ,  ®       '  i  r*.        •       ii,  /     4.  '^ 

funds.  plus  moneys  now  or  hereatter  in  the  county  treasuries, 

to  the  benefit  and  relief  of  the  indigent  families  of 
volunteers ;  and  should  the  commissioners'  courts 
make  such  disbursements  of  such  funds,  a  copy  of 
such  order  shall  be  a  sufiicient  guarantee  to  the  county 
treasurers  for  disbursing  such  fund  as  the  said  courts 
may  order. 

Approved,  November  11, 1861. 


^ 


No.  4.]  AN  ACT 

In  relation  to  Tax  Assessors  and  Tax  Collectors. 

Section  1.  JSe  it  enacted  by  the  Senate  and  House  of 
Bepresehtaiives  of  the  State  of  Alahamain  General  As.'^emhly 
convened.,  That  no  tax  collector  or  tax  assessor  in  this 
State  shall  be  disqualified  for  holding  the  office  of  tax 
collector  or  tax  assessor  under  the  Government  of  the 
Confederate  States. 

Approved,  Nov.  29,  1861. 


No.  5.]  AN  ACT 

In  relation  to  the  War  Tax  authorized  by  Congress  to 
be  assessed  and  levied  upon  certain  property  in  this 
State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
JRcpresentaiives  of  the  State  of  Alabama  in  Ge?icral  Assembly 
War  tax  nBBum- couvcned,  That  payment  of  the  amount  of  the  war  tax 
'"  "'  *  of  fifty  cents  upon  each  one  hundred  dollars  in  value  of 
certain  property  of  the  citizens  of  this  State,  authorized 
to  be  assessed  and  levied  upon  such  property  in  the 
year  1861,  and  payable  in  1862,  by  the  act  of  the  Con- 
gress of  the  Confederate  States,  entitled  "  An  Act  to 
authorize  the  issue  of  treasury  notes,  and  to  provide  a 
war  tax  for  their  redemption,"  approved  the  19th  of 
August,  1861,  when  assessed  and  ascertained  according 
to  the  terms  of  said  act,  be  and  the  same  is  hereby  as- 


ed  bv  the  State. 


9  1861. 

sumcd  b}'  the  State  of  Alabama  upon  the  terms  and 
conditions  specified  in  the  24th  section  of  said  act. 

Sec.  2.    And  be  it  further  enacted,  That  when   the  to  be  raw  out  of 
amount  of  said  tax  shall  be  ascertained  in  such  mode  as  ^^"''^  treasury, 
has  been,  or  may  be  prescribed  by  Congress,  and  the 
deduction  of  ten  per  cent,  threfrom  shall   be   made  as 
provided  in  said  24th  section,  it  shall  be  the  duty  of  the  • 

Governor  to  cause  the  amount  found  due  of  said  tax,  to 
be  paid  into  the  treasury  of  the  Confederate  States  as 
provided  in  said  24th  section  of  said  act. 

Sec.  3.  And  he  it  farther  enacted,  That  in   order  to  Governor  to  bor- 
obtain   the  amount   of  money  necessary   to   pay  the  from  "har'terey 
amount  found  due  on  said  tax,  it  shall  and  may  be  law-  ^^^^^^ 
ful  for  the  Governor  to  borrow  the   safne  from  the 
several  chartered  Banks  of  this  State,  now  in  operation, 
in  proportion  to  the  respective  capital  of  each,  or  from 
any  other  source,  upon  bonds  of  the  State  Treasury  at 
8  per  cent,  interest  per  annum. 

Approved,  November  27,  1861. 


No.  6.]  AN  ACT 

Making  appropriations  for  the  fiscal  year  ending  on  the 
SOth  day  of  September,   1862. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hepresentaiives  of  the  State  of  Alabama  in  General  Asscmbli/  , 

7     mi      ,    .1  r>  11         •  n  ,  %  Appropriation? 

convened,   1  hat  the   following  sums  of  money  be,  and  fonsci-e^ 
the  same  are  hereby,  appropriated  to  be  paid  to  the  fol- 
lowing persons  in  the  payment   of  claims  against  the 
State  for  the  fiscal  year  ending  on  the  30th  day  of  Sep- 
tember, one  thousand  eight  hundred  and  sixty-two. 

To  the  Governor  of  the  State,  four  thousand  dollars. 

To  the  Secretary  of  State,  sixteen  hundred  dollars. 

To  the  Comptroller  of  Public  Accounts,  two  thousand 
dollars. 

To  the  State  Treasurer,  eighteen  hundred  dollars. 

To  the  Superintendent  of  Education,  two  thousand 
dollars. 

To  the  Commissioner  of  Public  Lands,  twenty-five 
hundred  dollars. 

To  the  Supreme   Court  Reporter,   twelve  hundred 
dollars. 


1861.  10 

To  pay  salary  of  clerk  iu  Controller's  office,  one 
thousand  dollars. 

To  the  Judges  of  the  Supreme  Court,  each,  four 
thousand  dollars. 

To  the  Judges  of  the  Circuit  Courts,  each,  two  thou- 
sand dollars. 

To  the  Chancellors,  each,  two  thousand  dollars. 

To  the  Attorney  General,  four  hundred  and  twenty- 
five  dollars. 

To  the  Solicitors  of  the  Judicial  Circuits,  each,  two 
hundred  and  fifty   dollars. 

To  the  Adjutants  and  Inspector  Generals,  four  dollars 
per  day  for  each  day  they  shall  be  engaged  in  the  actual 
duties  of  their  offices,  not  to  exceed  two  hundred  dol- 
lars each. 

To  the  Quartermaster  General,  three  hundred  dollars. 

To  the  State  Armorer,  one  hundred  and  fifty  dollars. 

To  the  keeper  of  the  State  House,  one  hundred  and 
fifty  dollars. 

To  the  Private  Secretaries  of  the  Governor,  each, 
seven  hundred  and  fifty  dollars. 

To  the  Marshal  of  the  Supreme  Court  and  State 
Librarian,  one  thousand  dollars,  to  be  paid  quarterly, 
as  other  salaries. 

To  the  Principal  Secretary  of  the  Senate,  and  the 
Principal  Clerk  of  the  House,  each,  seven  dollars  per  day 
for  each  day  of  the  extra,  and  present  regular  session. 

To  the  Assistant  Secretary  of  the  Senate,  and  the 
Assistant  and  Engrossing  Clerks  of  the  House,  each, 
six  dollars  per  day  for  each  day  of-  the  extra,  and 
present  regular  session. 

To  the  Clerk  of  the  State  Treasurer's  office,  seven 
hundred  and  fifty  dollars. 

For  the  pay  of  such  additional  Clerks  as  may  be  em- 
ployed by  the  Senate  and  House,  six  dollars  per  day, 
each,  for  the  number  of  days  so  employed. 

To  the  Draughtsman  in  the  Public  Land  office,  twelve 
hundred  dollars. 

To  the  Door-Keepers  of  the  Senate  and  House,  five 
dollars  per  day  each. 

To  the  Messengers  of  the  House,  one  dollar  per  day, 
each. 

To  the  Secretary  of  the  Senate  and  Principal  Clerk 
of  the  House,  each,  for  completing  the  journals  of  their 
respective  Houses,  arranging  and  filing  away  papers  in 


11  1861. 

proper  order  for  the  next   session  of  the  General  As- 
sembly, one  hundred  and  fifty  dollars. 

To  the  Secretary  of  State,  for  copying  the  journals 
of  both  Houses  at  the  extra  and  present  session,  read- 
ing proof  sheets  and  superintending  the  printing  of  the 
same,  for  placing  marginal  notes,  and  preparing  indexes 
to  the  laws  and  journals,  and  the  distribution  of  the 
same,  four  hundred  dollars. 

For  contingent  expenses  for  the  office  of  Superin- 
tendent of  Education,  nine  hundred  dollars. 

To  pay  the  funeral  expenses  of  Jas.  C.  Spencer, 
three  hundred  and  thirty-three  dollars. 

Sec.  2.  Be  it  further  enacted,  That  the  sum  of  five 
hundred  dollars,  or  so  much  thereof  as  may  be  neces- 
sar}^  be  and  the  same  is  hereby  appropriated  for  the  pur- 
chase of  stationery  for  the  General  Assembly,  Executive 
and  State  offices  and  Judges  of  the  Supreme  Court,  and 
the  Comptroller  shall  draw  his  warrant  therefor,  on  the 
presentation  of  an  original  voucher,  with  the  certificate 
of  the  Secretar}^  of  State  that  the  same  is  correct. 

Sec.  3.  Be  it  farther  enacted,  That  the  sum  of  eight 
hundred  dollars  is  hereby  appropriated  to  pay  for  the 
distribution  of  the  laws  and  journals  of  the  extra  and 
present  sessions  of  the  General  Assembly;  and  the 
Comptroller  of  Public  Accounts  shall  draw  his  warrant 
on  the  Treasurer  in  favor  of  the  several  agents  engaged 
in  the  distribution,  upon  their  producing  the  certificate 
of  the  Secretary  of  State  that  the  sums  charged  are  ac- 
cording to  contract,  and  that  the  services  have  beeu 
performed.  » 

Sec.  4.  And  be  it  farther  enacted,  That  the  Comptroller 
of  Public  Accounts  is  hereby  authorized  and  required  to 
draw  his  warrant  on  the  State  Treasurer  for  the  several 
sums  of  monej'  herein  appropriated  at  the  times  payable 
b}^  law,  on  the  production  of  proper  vouchers  and 
receipts  therefor. 

Sec.  5.  And  he  it  further  enacted,  That  the  sum  of  fifty 
dollars  is  hereby  appropriated  to  II.  P.  Watson,  Mar- 
shal of  the  day,  for  expenses  incurred  for  the  Inaugura- 
tion of  Governor  Shorter,  and  that  the  Comptroller  be 
authorized  and  required  to  draw  his  warrant  on  the 
Treasurer  therefor. 

Sec.  G.  Be  it  further  enacted,  That  tlie  sum  of  fifty 
thousand  dollars  be,  and  tlie  same  is  hereby  set  apart 
as   a  contingent  fund,  to  meet  extraordinary  expenses 


1S6I.  1-2 

and  contingencies,  to  be  drawn  on  the  warrant  of  the 
Governor. 
Approved,  December  10,  1861. 


Is'o.  7.1  ^  AN  ACT  't 

.fe  ■ 

To  snppl}'  an}^  deficiency  in  the  Treasury,  wliieh  ma^ 
be  caused  by  an  Excess  of  Appropriations  at  the 
present  or  late  Extra  Session  of  the  General  Assembly. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
jefidrgovernor  Representatives  of  the  State  of  Alabama  in  General  Assembly 
™r*treasuo'i^o'tes  conveiicd,  That  iu  ordcr  to  supply  any  excess  of  appro- 
or borrow  the    priations  made  at  the  late  extra  or  present  rec^alar  ses- 

money.  *-  x  C5 

sion  of  the  General  Assembly,  over  and  above  the 
amount  which  now  is  or  may  be  in  the  treasury'',  when 
such  appropriations  have  to  be  paid,  it  shall  and  may 
be  lawful  for  the  Governor,  as  in  his  discretion  he  may 
deem  best,  either  to  sell  eight  per  cent.  State  bonds, 
having  not  more  than  ten  years  to  run  with  the  interest 
pa3'able  annually  or  semi-annually  for  such  funds  or 
currency  as  may  in  his  judgment  answer  the  purposes 
of  the  State,  or  to  raise  the  amount  by  loan  at  a  rate 
of  interest  not  to  exceed  eight  per  cent,  per  annum, 
payable  annually  or  semi-annuall}^  or  to  issue  treasury 
notes  of  this  State  Iiaving  not  more  than  three  years  to 
run,  as  in  liis  judgment  may  best  promote  the  interest 
of  this  State ;  or  to  supply  such  excess  by  resorting  to 
all  or  any  of  the  means  provided  in  this  section. 
Faiih  and  credit  Sec.  2.  Be  it  further  enacted,  That  for  the  ultimate 
piedgcd^'*^*  payment  of  any  State  bonds  issued  under  the  authority 
of  this  act,  and  for  the  payment  of  any  loan  effected 
by  the  Governor,  as  herein  authorized;  and  for  the 
payment  of  any  treasury  notes  issued  for  the  purpose 
**  ^"^  herein  authorized,  the  faith  and  credit  of  the  State  is 
hereby  pledged. 

Sec.  3.  Be  it  further  enacted,  That  the  Governor  is 
AVenTunnebt  hereby  authorized  to  extend  any  debts  owing  by  the 
iwrowe^d  money  State  for  borrowcd  mone}^,  by  the  consent  of,  and  for 
such  time  as  the  parties  to  whom  the  same  is  due  may 
agree,  at  a  rate  of  interest  not  exceeding  the  rate  at 
winch  the  money  was  originally  borrowed,  to  be  paid 
annually  or  semi-annually,   and  to  issue  the  bonds  of 


mmmmmmti^mltlititlltlllMikL.^ 


18  1861. 

the  State  for  the  amount  thus  extended,  witli  coupons 
for  the  interest. 

Sec.  4.  Be  it  further  enacted,  That  all  bonds,  treasury  coupons  and 
notes,  coupons  and  loans  made  under  this  act,  shall  be  rcceivlwrfor 
payable  at  the  State  Treasury,   and  that  the  coupons  i'"''"*^  '^"**' 
after  maturity,  and  the  treasury  notes  issued  under  this 
act,  shall  be  receivable  in  payment  of  taxes  and  all 
other  public  dues. 

Sec.  5.  Be  it  further  enacted,  That  if  any  person  or  Penaiij-  for  rorg- 
persons  shall  forge  or  falsely  alter  any  note  issued  jjy  "=s  ">■  »i'«'"">8- 
virtue  of  this  act,  or  shall  alter  or  attempt  to  pass  any 
forged  or  altered  note  purporting  to  be  a  note  issued  in 
pursuance  of  this  act,  knowing  such  note  to  be  forged 
or  altered,  such  person  or  persons  shall  suffer  the  pains 
and  penalties  now  affixed  by  law  for  forgery  in  the  first 
degree. 

Sec.  G.  Be  it  farther  enacted,  That  any  treasury  note  to  be  delivered 
issued  under  authority  of  this  act,  after  being  signed,  rer. 
numbered  and  registered  as  required  by  the  act,  shall, 
before  being  put  into  circulation,  be  delivered  to  the 
State  Treasurer  and  charged  in  his  office  as  so  much 
cash  and  so  accounted  for. 

Sec.  7.  Be  it  further  enacted.  That  the  treasury  notes  Treasury  note* 
issued  under  authority  of  this  act,  shall  at  the  pleasure  cect.^'^c'oupon''*'^ 
of  the  holder  be  fundable  in  eight  per  cent,   coupon  '^°°''°- 
bonds  of  the  State,  payable  semi-annually  in  sums  of 
five  hundred  and  one  thousand  dollars;  and  that  bonds 
for  any  treasury  notes,  submitted  to  the  Comptroller  in 
sums  as  herein  specified,  shall  be  issued  therefor,   and 
in  lieu  thereof,  and  all  bonds  so  issued,  and  treasury 
notes  so  returned,  shall   be  properl}'-  registered,   can- 
celled and  accounted  for  on  the  books  of  the  Comp- 
troller. 

Approved,  December  10,  1861. 


No.  8.]  A^^  ACT 

To  suspend  the  operation  of  Sections  40  and  41  of 
the  Code. 

Sectton  1.  Be  it  enacted  bj/  the  Senate  and  JIovsc  of 
Mcjyrcsentativcs  of  the  Stale  of  Alabama  in  General  Asi'cnibly 
convened,  That  sections  No.  40  and  41  of  tlie  Code  be 


1861.  •   14 


suspended,  so  far  as  it  applies  to  the  present  called  ses- 
sion of  the  General  Assembly. 
Approved,  November  9,  18G1. 


No.  9.]  AN  ACT 

To  amend  Section  Q4:6  of  the  Code. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assemby 
convened,  That  section  646  of  the  Code  of  Alabama  be, 
and  the  same  is  hereby  amended,  by  inserting  after  the 
words  "Circuit  Judge,"  where  they  occur  in  said  sec- 
tion, the  words,  "or  Judge  of  Probate."  -a 

Approved,  December  3,  1861. 

I 

No.  10.]  AN  ACT 

To  amend  Section  672  of  the  Code. 

Section  1.    Be  it  enacted  by  the  Senate  and  House  'of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  whenever  upon  any  final  settlement  in 
Privilege  of  an  auy  Probatc  Court  of  this  State  by  any  executor,  ad- 
i'8lratoror^«ua?--ministrator  or  guardian,  a  decree  shall  be  rendered  by 
d**"*-  the  court  against  an  executor,  administrator  or  guardian 

for  the  payment  of  money,  the  party  against  whom  the 
5  decree  is  rendered,  may,  either  before  or  after  the  issu- 

ance of  execution  on  such  decree,  pay  the  amount  there- 
of to  the  Probate  Judge  rendering  the  same,  in  satis- 
faction thereof ;  and  the  Probate  Judge  receiving  the 
Liability  of  Pro.  samc  shall  be  liable  on  his  official  bond  for  the  amount 
bate  Judge.       ^^  rcccivcd,  to  any  person  or  persons  entitled  to  the 
same ;   and  if  the  money  so  received  be  not  paid  to 
the  person  or  persons  entitled  thereto,  on  demand,  such 
person  or  persons  may  sue  in  his  or  their  own  name  on 
Sd7e™o7cr"°    t^iG  official  boud  of  such  Probate  Judge,  and  recover 
judgment  against  all  or  any  of  the  makers  thereof,  for 
the  amount  so  received,  with  ten  per  centum  damages 
thereon,  and  eight  per  centum  interest  from  the  time 
of  the  demand. 


15  1861. 

Sec.  2.  Be  it  further  enacted,  That  any  Judge  of  Pro-  ^^1^^,^     ^^^^^ 
bate  who  converts  to  his  own  use,  or  permits  any  other  Probate  Judge, 
person  to  use  any  moneys  paid  into  his  office  by  virtue 
of  the  provisions  of  this  act,  shall  be  liable  to  indict- 
ment, and  on  conviction  shall  forfeit  his  office,  and  be 
punished  as  if  he  had  feloniously  stolen  such  money. 

Approved,  December  7,  1861. 


No.  11.]  AN  ACT 

To  amend  Section  980  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Eepre- 
sentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  980  of  the  Code  of  said  State  be, 
and  the  same  is  hereby  amended,  by  adding  after  the 
"word  "thereto,"  in  the  Hfth  line  of  said  section,  the 
words  "or  from  some  other  medical  board  in  this  State, 
or  from  the  Medical  College  of  Alabama." 

Approved,  November  11,  1861. 


No.  12.]  AN  ACT 

To  amend  section  1023  of  the  Code  in  relation  to  Run- 
away Slaves. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  it  shall  be  the  duty  of  justices  jusUcesofPeacc 
of  the  peace,  before  whom  runaway  slaves  are  brought,  l°a°vt^s"oTe**c- 
instead  of  committing  them  to  jail,  to  order  and  direct  iiveredap. 
such  slaves  to  be  delivered  to  their  owner,  overseer,  or 
agent,  in  all  cases  where  the  justice  is  satisfied  that  the 
name  of  the  true  owner  is  made  known,  and  where  the 
resident  of  such  owner,  his  overseer  or  agent,  is  nearer 
than   the  county  jail :    Provided,  That  the  owner,  his  Proviw. 
overseer,  or  agent,  shall  on  deliveiy  of  the  slave  pay  the 
fee,  now  allowed  by  law  for  arresting,  and  the  compen- 
sation licreinafter  provided  to  the  taker  up,  or  sucli  other 
person  as  may  have  the  custody  of  the  slave,   and  in 
case  of  the  refusal  or  failure  of  the  owner,  his  overseer, 


1861.  16 

or  agent,  to  pay  such  fees  and  compensation  promptly 
on  delivery,  then  it   shall  be  the  duty  of  the  person 
having  charge  of  the  slave,  and  the  justice  shall  so  in- 
struct him,  to  carry  the  slave  back  to  the  office  of  the 
justice,  who  shall  forthwith  commit  him  to  the  county 
jail. 
Duty  of  Justice     Sec.  2.  A7id  be  it  further  enacted,  That  where  runaway 
of  commiuar**  slaves  are  committed  to  jail,  it  shall  be  the  duty  of  the 
justice  in  such  cases  to  endorse  on  the  back  of  his  war- 
rant to  the  sherifl,  the  cost  and  charges  for  apprehend- 
ing and  bringing  to  jail,  and  to  certify  the  same  to  the 
owner,  when  delivery  is  made  to  him,  but  in  no  case  to 
exceed  the  amount  allowed  by  law. 
Compensation  to     Sec.  3.  Aiid  be  it  further  enacted,  That  for  bringing 
rima°vay"o^au  ^  I'^uaway  slave  to  jail,  the  persons  performing  such 
or  delivering  to  scrvicc  shall  be  entitled  to  the  sum  of  ten  cents  a  mile 

owner.  .  .  ,  r-  1        •    -1  •  • 

in  coming  to,  and  returning  from  the  jail,  estimating 

the  distance  by  the  nearest  route,  and  ferriages,  and  to 

the  same  compensation  when  the  slave  is  carried  to  his 

„     ....     .master,  or  overseer,  and  the  iusticefor  his  service  shall 

Fee  of  Justice  of ,  ^^  i    ,t  r>  n 

Peace.  DC  allowcd  tbc  sum  of  seventy-five  cents. 

Penalty  for  false  Sec.  4.  And  be  it  furthcr  enacted,  That  any  justice, 
endorsement,  ^t^q  allows  and  cudorses  ou  the  warrant  or  certificate 
to  the  owner,  larger  or  other  fees  and  compensation,  than 
is  now  allowed  by  law,  and  by  the  provisions  of  this 
act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction,  shall  be  fined  not  less  than  double  the  ag- 
gregate amount  endorsed,  or  certified,  to  be  recovered 
before  any  magistrate  for  the  use  of  the  owner. 
Approved,  December  7,  1861. 


Nov.  13.]  AN  ACT 

To  amend  Section  1580  of  the  Code  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
rcseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  1580,  of  the  Code  of  Alabama, 
be  amended  by  striking  out  the  words  "United  States," 
and  inserting  the  "Confederate  States." 

Approved,  December  4,  1861. 


lii^tfUiiMiliilllMiiii 


17  1861. 

No.  14.]  AN  ACT 

To  amend  Section  2025  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
cmvened,  That  section  2025  of  the  Code  of  this  State 
be,  and  the  same  is  hereby  amended,  by  adding  to  said 
section  the  following  words  : 

And  where  there  are  several  minors  owning  an  indi- p,(,y,«i<,„3„. 
vidual  estate,  in  common,  the  probate  court,  on  the '^°<'^''^- 
petition  of  the  guardian  of  such  minors,  and  on  being 
satisfied  that  it  would  be  for  their  interest,  may  author- 
ize the  guardian  to  keep  the  estate  together  for  their 
joint  benefit,  until  the  estate  shall  be  divided,  or  until 
such  other  time  as  the  court  shall  direct;  and  the  guar- 
dian shall  keep  his  accounts,  and  make  his  returns  ac- 
cordingly. 
-  Approved,  December  4,  1861. 


No.  15.]  AN  ACT 

To  amend  Section  2033  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  2033  of  the  Code  of  said  State 
be,  and  the  same  is  hereby  amended,  in  the  following 
respects:  first,  by  adding  after  the  word  "Congress," 
in  the  top  line  of  said  section,  on  page  389,  the  follow- 
ing words  ;  "of  the  Confederate  States";  and  secondly-, 
by  adding  after  the  word  "contrary,"  in  the  8th  line  of 
said  section,  from  the  top  of  said  page,  these  words  : 
"and  the  judge  of  probate  shall  be  satisfied,  upon  sat- 
isfactory proof  being  made,  that  it  will  be  for  the  in- 
terest of  the  minor." 

Approved,  December  7,  18C1. 


1861.  18 

No.  16.]  •  A^  ACT 

To  amend  Section  2235  of  the  Code. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  2235  of  the  Code  be,  and  the 
same  is  hereby  amended,  by  striking  from  it  the  words 
following,  to-wit:  "but  a  contract  upon  which  it  is 
necessary  to  assign  a  special  breach  cannot  be  united  in 
the  same  complaint  with  a  contract  on  which  no  such 
breach  is  necessary." 

Approved,  December  7,  1861. 


No.  17.]  AN  ACT 

To  repeal  Section  2447  of  the  Code,  so  far  as  it  applies 
to  Blount  and  Marshall,  and  other  counties  therein 
named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  Uie  State  of  Alabama  in  General  Assembly 
convened,  That  so  much  of   section  2447   of  the   Code 

tob^'ad'verii"°i  requiring  property  when  levied  on  by  the  sherifl'  to  be 

in  newspaper  in  advcrtiscd  iu  a  ncwspaper,  be,  and  the  same  is  hereby 
repealed,  so  far  as  it  applies  to  the  counties  of  lilount, 
Marshall,  St.  Clair,  DeKalb,  Jackson,  Morgan,  Coosa, 
Limestone,  Shelby,  Henry. 

Sec.  2.  Be  it  further  enacted,  That  the  sheriffs  of  said 

tlwd.'"""""'"  counties  shall  hereafter  publish  their  sales  by  written 
advertisement,  one  at  the  courthouse  door,  and  at  three 

Proviso.  other  public  places  in  said  counties:  Provided,  That  if 

either  the  plaintiff  or  defendant  resides  out  of  the 
county  in  which  such  sale  shall  take  place,  it  shall  be 
the  duty  of  the  sherift'  to  give  five  days  notice  of  the 
time  and  place  of  sale  to  such  non-resident  plaintiff  or 
defendant  by  mail. 
Approved,  November  24,  1861. 


certain  counties. 


How  to  be  adver- 


19  1861. 

Ko.  18.]  AN-  ACT 

To  amend  Sections  2645  and  2649  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in    General  Assembly  .^  ,    , ,  „ 
convened,  That  subdivision  2,   of   section  2645  of  the  "insolvent"  in 
Code  of  Alabama  be,  and  the  same  is  hereby  amended,  ""'■'^''"^• 
by  adding  after  the  word  "insolvent"  in  the  third  line 
of  said  subdivision  2,  the  words  "or  dead." 

Sec.  2.  And  be  it  further  enacted,  That  section  2649  of 
said  Code  be,  and  the  same  is  hereby  amended,  by  add-Sed.*""*  ** 
ing  to  that  section  the  following  words :  "and  in  favor 
of  sureties,   and  co-sureties,   against  the  executors  or 
administrators  of  the  principal  or  of  a  surety." 

Approved,  December  6,  1861. 


iTo.  19.]  AN  ACT 

To  amend  Section  3576  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  3576  of  the  Code  of  Alabama 
be,  and  the  same  is  hereby  amended,  by  striking  out 
the  word  "^tro"  in  the  second  line  from  the  top  on  page 
632  of  said  Code,  and  inserting  the  word  "owe"  in  the 
place  thereof,  and  by  striking  out  the  letter  "s"  in  the 
word  ^'■days''  in  said  line. 

Approved,  December  9,  1861. 


No.  20.]  AN  ACT 

To  amend  Section  3908  of  the  Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Hmse  of  Rcpre- 

n'ntires  of  the    State  of  Alabama  in  Goicral  'Asgtmhly 

■nvcncd,  Ibat  it  shall  be  the  duty  of  the  lessee  of  the  Duty  on, 

penitentiary,  at  least  twenty  da^s  before  the  Ist  day  of 

December  in  each  year,  to  furnish  the  inspectors  of  the 

penitentiary  with  a  tabular  statement  such  as  is  now 


1S61- 


20 


required  of  the  inspectors  in  section  8908  of  the  Code 
of  Ahibama,  in  their  annual  report  to  the  Governor. 
Sec.  2.  Be  it  farther  enacted^  That  in  case  of  a  refusal 
Penally  for  fail-  ov  failure  ou  thc  part  of  said  lessee  to  furnish  such  tab- 
•"■*•  ular  statements  as  aforesaid,  he  shall  be  deemed  guilty 

of  a    misbehavior  in  office,  and    shall   on    conviction 
"^  thereof  be  fined  in  a  sum  not  less  than  fifty  dolkirs,  to 

be  recovered  in  any  court  having  competent  jurisdic- 
tion thereof. 

Approved,  December  7,  1861. 


No.  21. 


AE  ACT 


To  suspend  the  revision  of  the  Code  and  the  Acts 
relating  thereto. 

Sec.  1.  Be  it  ehacted  hy  the  Senate  and  House  of  Bepre- 
soitatives  of  the  /State  of  Alabama  in  General  Assembly 
convemdy  That  the  act  to  provide  for  the  preparation  of 
a  revised  code,  and  the  act  altering  and  amending  said 
act  and  also  the  revision  of  the  Code,  be,  and  the  same 
are  hereby  severally  suspended,  until  the  termination 
of  the  present  war. 

Approved,  December  9,  1861. 


No.  22.] 


AN  ACT 


Period  of  gus- 
peniion  legal- 
ized. 


Proviso. 


Ts  authorize  the  suspension  of  specie  payments  by  the 
banks  in  Alabama,  until  twelve  months  after  rati- 
fication of  peace. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  suspension  of  specie  payments  by 
the  chartered  banks  of  the  State  of  Alabama  be,  and 
the  same  is  hereby  legalized,  until  the  period  of  one 
year  after  the  close  of  the  present  war,  and  the  conclu- 
sion of  peace  with  the  United  States :  Provided,  it  shall 
be  the  duty  of  said  banks  during  the  term  of  suspen- 
sion hereby  authorized,  to  receive  at  par  the  notes  of 
the   Confederate   States,    commonly   called   Treasurv- 


iiiiJtiiSkldiSL 


■r'^lAlrAV 


"21  1861. 

notes,  for  all  debts  due  them,  paj-ablc  at  their  own 
counter,  and  the  said  banks  arc  authorized  during  said 
term  in"  like  manner  to  employ  said  Treasury  notes  in 
paying  their  deposits,  and  in  redeeming  their  own  notes 
or  bills  respectively. 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  be  law-  R^te  of  intenst 
ful  for  said  banks,  on  all  notes  hereafter  purchased  or 
discounted  by  them,  to  charge  or  retain  interest  at  the 
rate  of  eight  per  cent,  per  annum,  without  regard  to 
the  length  of  time  said  notes  may  have  to  run. 

Sec.  3.  And  be  it  further  enacted.  That  the  proviso  in 

,,  ,,  ,  •  /•  L  1   J.1  11         Proviso  ofccr- 

the  seventh  section  ot  an  act,  approved  the  second  day  tain  act  parusuy 
of  February,  eighteen  hundred  and  sixty-one,  entitled '■'^'•*"''''* 
"an  act  to  legalize  the  suspension  of  specie  payments 
by  certain   banks  of  Alabama,"   be,  and  the  same  is 
herebj^  repealed,  so  far  as  to  entitle  the  banks  to  ret3eive 
interest  after  the  passage  of   this  act  on  the  bonds  of 
this  State  taken  by  them  under  the  authority  of  the 
said  act  of  the  2d  of  February,  1861. 
w   Sec.  4.  And  be  it  further  enacted,  That  it  shall   not  be  ^ot  to  charge 
lawful  for  any  bank  of  this  State,   while  in  a  state  of  ^^^^^^^f^^l,';"^, 
suspension,  to  charge  exchange  upon  the  renewal  of 
any  note  or  bill  discounted  by  such  bank,  no  matter  at 
what  point  or  place  in  this  State  such  note  or  bill  may 
be  payable,  and  any  bank  wdiich  may  discount  any  bill  ^^  ^^^^.^^  ;j^ 
or  note,  no  matter  whether  payable  at  its  counter  or  own  notes  in 

,  1  .         T   •       f~..     .  1      11  •  -i  1  -11      •      the  payment  of 

elsewhere  in  this  State,  shall  receive  its  own   bills  m  dobts. 
payment  thereof 

Sec.  5.  And  he  it  further  enaded.  That  it  shall  not  be  Premium  fore*, 
lawful  for  any  bank  of  this  State  to  charge  more  than  chnngf  limite*. 
one-half  of  one  per  cent,   premium  for  an}'  exchange 
payable  at  any  point  or  place  within  this  State. 

Sec.  6.  And  he  it  further  enacted,  That  the   bills  of  Bmsorsufi-end- 
the  banks  of  this  State  whose  suspension  of  specie  pay-  allie^orpui-ur 
ments  is  hereby  legalized,  shall  be  received  in  payment  <'>•"• 
of  taxes  and  otlici'  public  dues  in  this  State,   unless 
otherwise  directed  by  the  proclamation  of  the  Gover- 
nor. 
*^^  Sec.  7.  And  he  it  further  enacted,  That  the  Treasury  con^der.u^ 
notes  issued  by  or  under  the  authority  of  the  govern- bou-o  recpivBbi* 
ment  of  the  Confederate  States,   shalTbe  received   j ,i '""n*" >    •  ■^* 
payment  for   taxes  and   all  other  public  dues  in   this 
State:  Proridcd,  That  the  said   banks   shall   not  be  en- Pr^vUo. 
titled  to  the  benefit  of  this  act,  except  on  the  condition 
that  'i        'ill  loan  totho  ^''-/-  -f  Alabama  the  amount 


1861.  22 


of  money  requisite  to  pay  the  war  tax,  which  shall  be 
ascertained  against  said  State  in  proportion  to  their  re- 
spective capitals. 

Approved,  Dec.  9,  1861. 


TTo.  28.]  AN  ACT 

To  authorize  the   several  Banks   therein  named  to 
suspend  Specie  Payments. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Bejorcseniatives  of  the  State  of  Alabama  in  General  Assembly 
Period ofsusp™.^^'^*''^'^^^?    That  the  Bank  of  Selma  and   the  Bank  of 
sion  legalized.    Montgomery  may  and  are  hereby  authorized  to  suspend 
the  payment  of  specie  on  their  bills  until  the  first  day 
of  June,  1862,  and  they  shall  not  be  liable  for  the  de- 
'*  faults,  forfeitures  and  penalties   declared   in  sections 

1393  and  1894  of  the  Code,  and  the  Governor  may,  in 
oertain  penal-  his  discretion,  extend  the  time  of  the  suspension  of  said 
pe^Dded^fo/Tm- paj'^ments,  and  the  penalties  and  forfeitures  in  said  sec- 
itedtime.  tious  coutaincd,  to  the  first  day  of  the  fourth  week  of 
the  next  session  of  the  General  Assembly ;  Provided, 
ProTiso.  That  the  benefit  of  the  provisions  of  this  act  shall  not 

be  enjoyed  by  any  bank  until  its  stockholders  shall  file 
with  the  Comptroller  of  the  State  a  statement  in  writ- 
ing to  be  signed  by  each  of  them  in  person,  or  by  his 
or  her  authorized  agent,  of  the  number  of  shares  or 
amount  of  stock  owned  by  said  stockholders;  nor  until 
Must  purchase  thc  bank  shall  purchase,  or  shall  have  purchased  at  par 
state  bonds.  ^^.^^^^  ^Yiq  State  of  Alabama  or  the  Governor,  an  amount 
ot  bonds  of  the  State,  issued  since  the  first  day  of  Jan- 
uary, 1861,  not  less  than  fifty  thousand  dollars;  which 
purchase,  if  not  already  made  or  completed,  must  be 
made  or  completed  within  thirty  days  from  the  approval 
of  this  act,  in  order  to  come  within  the  provisions  of 
this  act. 
Liability  of  each  Sec.  2,  Be  it  further  enacted,  That  each  member  or 
stockholder,  stockholder  in  any  free  bank  or  banking  association, 
now  organized  under  the  free  banking  law  of  this  State, 
shall  be  liable  for  any  default  or  legal  liability  of  any 
such  bank,  to  an  amount  double  the  amount  of  his  or 
her  stock  held  therein,  and  such  list  of  stockholders 
filed  as  required  by  the  first  section  of  this  act,  as  well 


23  1861. 

as  the  statement  required  by  and  made  in  accordance 
with  section  1410  of  the  Code,  shall  be  received  as  evi- 
dence in  any  court  of  this  State,  as  evidence  of  the 
amount  of  stock  owned  in  any  such  bank  by  the  stock- 
holders named  in  said  list  or  statement. 

Sec.  3.  Be  it  further  enacted,  That  the  holders  of  the  Ri^jht^  of  holders 
bills  or  issues  of  the  said  Bank  of  Selma,  and  the  said  "f  ti'is  of  these 
Bank  of  Montgomery,  shall  have  all  the  rights  and  be 
entitled  to  all  the  remedies  against  said  banks  and  their 
stockholders,  that  the  holders  of  the  bills  or  issues  of 
the  chartered  banks  of  the  State  have  against  said  char- 
tered banks,  and  their  stockholders;  and  any  stock- 
holder in  any  of  said  free  banks  transferring  his  or  her 
stock  therein  shall,  notwithstanding  said  transfer,  be 
held  liable  in  manner  and  form  according  to  the  provis- 
ions of  the  second  section  of  this  act,  for  any  and  all 
defaults  and  legal  liabilities  of  said  banks  occurring 
before  the  expiration  of  twelve  months  after  the  date 
of  said  transfer. 

Sec.  4.  Be  it  further  enacted,  That  the  Farmers' Bank  p^.^^_^^^ 
of  Alabama,  a  bank  lately  organized  under  the  free  tended  to  the 
banking  law  of  this  State,  located  in  the  city  of  Mont- '*^''"°'"  ^'"" 
gomery,  be,  and  is  hereby  entitled  to  all  the  privileges 
and  immunities  conferred  by  law  upon  the  Bank  of 
Montgomery,   or  the   Bank  of  Selraa,   provided  said 
Farmers'   Bank  of  Alabama,  or  its  stockholders,  shall 
first  comply  with  the  provisions  contained  in  the  pro- 
viso to  the  first  section  of  this  act;  and  all  the  provis- 
ions of  this  act  are  hereby  extended  and  made  appli- 
cable to  the  said  Farmers'  Bank  of  Alaliama;  Frocided,  Proviso. 
further,  That  each  of  said  free  banks  mentioned  in  the 
several  sections  of  this  act,  shall  from  the  time  it  may 
take  or  enjoy  the  benefit  of  the  provisions  of  this  act, 
pay  an  annual  tax  to  the  State  on  each  hundred  dollars  state t.ix. 
of  its  stock  equal  to  thrice  the  amount  of  the  tax  that 
may  be  levied  on  land,  which  shall   be  in  lieu  of  all 
taxes  levied  on  its  stock  by  the  State. 

Sec.  5.  Be  it  further  enacted,  That  during  the  suspen-  ranuicr  to  lire 
sion  of  specie  payments  authorized  by  this  act,  any  bill  ^,;^y,fr'*' 
holder  holding  the  bills  of  any  one  of  said  banks  to  the 
amount  of  fifty  dollars  or  more,  may,  if  payment  of  the 
same  in  specie  is  refused  at  the  counter  of  the  bank  by 
which  said  bills  were  issued,  deposit  said  bills  in  said 
bank,  and  require  the  cashier  to  give  him  a  certificate 
of  the  amount  of  bills  so  presented,  and  that  payment  \ 


1861.  24 

of  the  same  was  refused,  and  the  date  of  said  present- 
ment and  refusal ;  and  the  said  bank  shall  be  liable  to  the 
Dam^cs.         holder  of  said  certificate  for  the  amount  thereof,  with 
interest  at  the  rate  of  eight  per  centum  per  annum  up 
to  the  time  of  resumption  of  specie  payment,  according 
to  the  provisions  of  this  act,  then  said  bank,   on  the 
presentation   of  the  certificate,   shall  be  liable  to  the 
holder  of  such  certificate  for  the  amount  thereof,  with 
twelve  per  centum  interest  per  anunm  thereon  from 
such  presentation,  until  paid. 
Penalty  of  Cash-      Sec.  6.  Bc  it  furthcr  cnactcd,  That  if  any  cashier  slwiU 
ler  for  refusing,  jv^^j  qj.  refuse  to  givc  tlic  Certificate  required  by  the  pro- 
visions of  the  5th  section  of  this  act,  he  shall  forfeit  and 
pay  to  the.  bill  holder  demanding  such  certificate,  the 
sum  of  one  thousand  dollars. 
Approved,  November  30,  1861. 


4 


No.  24.]  AN  ACT 

To  further  suspend  Specie  Payments   by  the  Free 
Banks. 

Section  1.     JBe  it  enacted  hy  the  Senate  and  House  of 

Hepresentatives  of  the  State  of  Alabama  in  General  Assembly 

Period  of  sus-    conveiied,  That  the  suspension  of  specie  payments  by  the 

penEJon  extend-  ^.^i^i-^  ^^q^  organized  and  established  under  the  free 

banking  law  of  the  State  of  Alabama,   be  authorized 

and  legalized,  until  twelve  months  after  peace  shall  be 

ratified   between  the  United  States  and  Confederate 

Proviso.  States  of  America;  Provided,  That  the  stockholders  of 

any  corporation  which  is,  or  may  be  a  stockholder  in 

said  bank,  shall,  in  consideration  of  the  immunities  of 

siockhoider.  to  this  act,  sigu  an  agreement  to   bo  personally  liable  in 

Mgn  agreenient.  proportion  to  tlic  auiouut  tlicy  respectively  own  in  said 

corporations,  in  the  same  Avay  as  if  they  were  directly 

and  personally  stockholders  in  such  bank;  and  that  in 

case  of  the  transfer  of  any  stock  in  such  corporation, 

which  is  a  stockholder  in   such  bank,  the  person  so 

transferring  shall  be   liable  for  all  the  acts  and  doings 

and  responsibilities  of  such  bank  which  arise  for  and 

during  the  term  of  twelve  months  after  such  transfer, 

to  the  same  amount  they  would  have  been  had  such 

transfer  not  have  been  made;  and  that  such  agreement 


25  1861. 


shall  be  filed  with  the  Comptroller  of  this  State,  before 
Buch  bank  shall  be  entitled  to  the  privileges  of  this  act. 
Approved,  December  7,  1801. 


No.  25.]  AN"  ACT 

To  prevent  Corporations  from  becoming  stockholders 
under  the  Free  Banking  law  of  this  State. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Bepresentativcs  of  the  State  of  Alabama  in  General  Assemhly  -^^  corpomtion 
convened,  That  irom  and  after  the  passage  of  this  act,  it  ^"^ ^e a  stockuoi- 
8hall  not  be  lawful  for  any  corporation  to  be  a  stock- 
holder in  any  bank  hereafter  to  be  established  under 
the  free  banking  law  of  this  State ;  and  the  Comptroller  controller  not  to 
shall  not  countersign  an}"  notes  for  any  such  free  bank  ^^""s"'''^" 
hereafter  to  be  established  applying  therefor,  where  any 
corporation   is  a   stockholder  therein,  directly  or  in- 
directly. 

Sec.  2.  Be  it  further  enacted.  That  all  laws  and  parts  „      ,.     , 

r  1  J.  •         2.1  •    ■  r  J.1  •  J.  1  J  Repealing  clause 

or  laws  contravening  the  provisions  or  this  act  be,  and 
the  same  are  hereby  repealed. 
Approved,  December  10,  18G1. 


iS^o.  20.]  AN  ACT 

To  encourage  the  Manufacture   of  Salt  in  the   State 
of  Alabama. 

Section  ].  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
re«entativrs  of  the  State  of  Alabama  in  General  Assembly 
convened,  Tliat  the  Governor  of  this  State  be,  and  he  is  j^a^e  tile  si?! 
hereby  authorized  to  cause  to  be  leased  for  a  term,  not  ^p'''"^*- 
exceeding  ten  years,  any  or  all  of  the  Salt  Springs  or 
Wells  in  this  State,  which  belong  to  the  State,  at  pub- 
lic or  ]tnvate  letting,  as  to  him  shall  be  deemed  most 
advisable ;  which  spring   or   springs,   or  saline  wells, 
b)h\\  be  let,  with  such  privileges  of  getting  wood  and^|'«e«o'' 
other  appliances  necessary  for  the  manufacture  of  Salt, 
on  the  }>art  of  the  lessee,  from  the  public  lands  of  the 
State,  as  may  be  agreed  upon   between  said  lessee  or 


1861.  m 

lessees  and  the  Governor,  for  and  on  belialf  of  the  State, 
or  as  the  Governor  may  advertise  to  accompany  and 
pertain  to  the  lease,  if  such  lease  be  made  to  the  high- 
est bidder  at  public  auction. 
Lessee  to  giyc  ^^^-  2-  ^^  it  further  enacted,  That  the  lessee  shall  give 
bond.  bond  to  the  Governor,  in  the  penalty  of  five  thousand 

dollars,  conditioned  that  such  lessee  shall  commence  as 
soon  as  practicable,  not  exceeding  three  months  from 
the  date  of  such  lease,  the  manufacture  of  Salt  at  such 
spring  or  saline  well,  as  the  case  may  be,  and  will  con- 
tinue the  manufacture  thereof  to  the  expiration  of  his 
said  lease,  or  until  the  termination  of  the  present  war; 
and  that  he  will  not  at  an}^  time,  within  the  period  of 
^.     ,  ,.^    .  his  lease,  sell  Salt  manufactured  at  such  spring  or  well 

PriC6  0fs&lt  fixed  1  o 

so  leased,  for  a  sum  greater  than  seveuty-five  cents  per 

bushel,  of  fifty  pounds,  at  the  piece  of  its  manufacture; 

or  if  sold  at  other  points,  then  only  adding  the  actual 

cost  of  transportation  and  insurance,  and  that  he  will 

receive  in   exchange  for  it  the  usual  currency  of  the 

countr3\ 

Bonus  of  10  cts.     Sec.  3.  Be  it  further  enacted^  That  for  every  bushel  of 

perbushei.        gj^j^  of  fifty  pouuds  SO  made  and  sold  to  the  citizens  of 

this  State,  the  State  agrees  to  pay  to  the  lessee  the  sum 

of  ten  cents;  the  evidence  of  such  manufacture  and 

sale  to  be  made  to  the  satisfaction  of  the   Comptroller 

of  Public  Accounts,  who  thereupon  shall  draw  his  vvar- 

Proviso.  rant  upon  the  Treasurer  for  the  amount ;  Provided,  hoio- 

ever,  That  no  claim  for  such  bounty  shall  be  allowed 

until  it  shall  amount  to  the  sum  of  five  hundred  dollars; 

Provided,  further,  That  said  bounty  shall  be  forfeited  if 

such  lessee  refuses  to  sell  the  same  in  small  quantities, 

so  as  to  suit  the  convenience  and  supply  the  wants  of 

,   ,,     purchasers  by  the  small.  Provided,  further,  thiit  siud  sum. 

Amount  of  bo-    *^  „  •/  i      i     i     n  i  i  i     i  i         .-. 

nus  limited.  01  tcu  ccuts  a  bushel  shall  not  be  payable  bj'  the  State 
upon  a  greater  number  of  bushels  than  five  hundred  in 
any  one  year. 

Approved,  November  11,  1861. 


21  .^'-  1861. 

1^0  27.]  AN  ACT 

To  amend  an  act  to  encourage  the  Manufacture  of  Salt 
in  the  State  of  Alabama. 

Section  1.    Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Hate  of  Alabama  in  General  Assembly 
convened,  That  the  blank  in   section   1,    of  the   act  of  mencc  In  two" 
which  this  is  amendatory,  be  filled  with  the  word  two,  months, 
so  as  to  require  the  lessee  to  commence  preparing  for  ^^^^ 

the  manufacture  of  salt  within  two  months  from  the  ^/KfW 

date  of  the  act  under  which  the  lease  is  to  be  obtained. 

Sec.  2.  Be  it  further  enacted,  That  for  the  purpose  of  Governor  au- 

t        •  •  1  1  i      1  ^       _  thorized  to  ad- 

mducing  some  responsible  person  or  company  to  lease  vance  to  lessee, 
the  saline  springs  or  wells  in  the  county  of  Clarke,  and 
to  aid  the  lessee  to  commence  the  manufacture  of  salt 
at  the  earliest  day  practicable,  the  Governor  be,  aud  he 
is  hereby  authorized  to  advance  to  such  party  or  parties 
as  may  lease  said  springs  or  wells,  a  sum  of  monc}'  not 
to  exceed  ten  thousand  dollars,  to  be  expended  by  the 
lessee  in  the  purchase  of  the  materials  required  to  com- 
mence operations,  such  as  machinery,  boilers  and  other 
indispensable  fixtures,  and  to  secure  fidelity  in  the  use 
of  such  advance,  the  Governor  shall  require  the  lessee  i-es^ee  to  give 
to  enter  into  bond  with  good  security  to  faithfully 
comply  with  the  provisions  of  this  act. 

Sec.  3,  Be  it  further  enacted,  That  to  reimburse  the  pj^^g^^j^pg^ 
State  for  such  advance  as  may  be  made  under  this  act,  bushel  of  bounty 
the  Governor  shall  be  authorized  and  required  to  retain 
out  of  the  bounty  fund  five  cents  per  bushel,   until  the 
whole  amount  of  the  advance  shall  be  returned  to  the 
State. 

Sec.  4.  Be  it  further  enacted,  That  in    the  event  the  ^.^^^.j.^,^^  ,^  ^g. 
war  should  close  before  all  the  advance  i.^  returned  outii'"i"'fb  part  or 
ot   the   bounty   fund  as  herein  provided,  and  the  lessee  oert.nin  contin- 
should  abandon  his  lease  at  anytime  after  the  termina-^"""^^" 
tion  of  the  war,  in  such  case  the  Governor  shall  relin- 
quish on  behalf  of  the  State  such  portion  of  the  advance 
to  be  made  under  this  act  as  shall  remain  unrcfnnded, 
and  the  lessee  shall  turn  over  to  the  State,  free  of  charge, 
all  the  improvements  made  upon  the  land  of  the  State, 
including  the  machinery,  boilers,  and  all  other  fixtures 
appertaining  to  the  manufacture  of  salt  used  by  said 
lessee. 

Approved,  November  19,  1861. 


1861.  jn^^v: 

No.  28.] 

Supplemental  to  two  several  Acts,  iu   relation   to  the 
Manufacture  of  Salt. 

Section  1.   Be  it  enacted  by  the  Senate  and  House  of 
JRepreseyitatives  of  the  State  of  Alabama  in  General  Assembly 
gofer^QOT^n^ieal'^  ^^'^^'^"^^^'  '^^^^  the  Govcrnor  be,    and  he  is  hereby  au- 
ing  the  salt  re-  thorizcd  if  iu  his  judgment  he  may  think  it  for  the  best 
erva  ions.        interest  of  the  State,  to   lease   separately   to   different 
persons  the  two  salt  reservations  belonging  to  the  -State, 
in   the  county  of  Clarke,  under  the  provisions  of  "an 
act  to  encourage  the  manufacture  of  salt  in  the  State  of 
Alabama,"  approved  Nov.  11, 1861,  and  if  in  his  opinion 
it  shall  be  advisable  to  lease  the  two  reservations  to  the 
same  persons,  it  shall  be  his  duty  to  secure  the  efficient 
working  of  the  salt  springs  on  each  reservation,  and  in 
any  case  to  reserve  the  right  to  any  citizen  of  this  State 
to  manufacture  salt  for  his  own  use   on  either  of  said 
reservations,  so  as  to  hinder  the  operations  of  the  lessees. 
Sec.  2.    Be  it  further  enacted^  That  the  said  act  shall 
to$T?5p™rbu.  be  further  amended,  so  as  to  authorize   the   lessees   of 
said  salt  springs  to  sell  the  salt  which  they  may  manu- 
facture at  $1  15  per  bushel  of  fifty  pounds,  instead  of  at 
seventy-five  cents,  to   which    said  lessee  is  limited  by 
said  act. 
Governor  to  di-       Sec.  3.  Bc  it  further  eimcted,  That  the  Governor  be, 
prfation!  ^^^^'^'  ^^^  ^^®  ^^  hereby  authorized,  to  divide  the  appropriation 
often  thousand  dollars,  which  was  made  by   an  act  to 
amend  an  act  to  encourage  the  manufacture   of  salt  in 
the  State  of  Alabama,  approved  Nov.  19th,  1861,  under 
the  provisions   of  the    same,  in  such  proportions  as  he 
may  think  best,  between  the  lessees   of  said   two   salt 
reservations,  if  he  shall  deem  it  advisable  to  lease  the 
same  to  different  persons. 
Approved,  Dec.  7,  1861. 


20  1861. 

Ko.29.]  AN  ACT 

To  authorize  the  Governor  to  take  possession  of  all  the 
Salt  in  store,  on  shipboard,  or  held  for  sale  in  this 
State,  for  the  public  use,  and  for  other  purposes. 

Section  1.    Be  it  enacted  by  the  Senate  and  House  of 
Hepresentatii'cs  of  the  State  of  Alabama  m  General  A  sscnibly 
convened^  That  whenever  in  the  judgment  of  the  Grov-Qo^eroorto 
ernor,  the  public  necessitv  and  public  use  require  it,  he '"''o  p«"ession 

.      ,       '  ,  i     ,         .        ,    ,  ",  '-  .  r.     11     1  1      .      Of  all  the  salt  for 

18  hereby  authorized  to  take  possession  oi  all  the  salt  m  public  uac. 
this  State,  which  is  stored,  on    shipboard,    or  held  for 
sale,  for  the  public  use;  and  to  make  such  disposition  ^fo^^oi^i'^P"*'* 
of  the  same,  as  the  public  use  and  public  necessity  may  ^.^  loyaiine- 
reqnire;  and  he  is  hereby  authorized  to  employ  all  the  ccssary means. 
means  necessary  to  accomplish  these  purposes. 

Sec.  2.  Ajid  he  it  further  enacted,  That  iust  compcnsa- ,. „„„ 

1  /  1         ■i'liii  compensa- 

tion shall  be  made  to  the  owner  or  any  salt  which  shall  tion  to  be  made, 

be  taken  under  the  provisions  of  this  act.  If  the  com- 
pensation shall  be  agreed  upon  by  the  owner  and  the 
Governor,  the  Governor  shall  draw  his  warrant  on  the 
State  Treasurer,  in  favor  of  the  owner,  for  the  amount 
eo  agreed  upon ;  but  if  the  owner  and  the  Governor 
shall  fail  to  agree  on  the  amount  of  compensation,  at 
the  time  the  salt  shall  be  taken,  the  sheriff  of  the  county 
in  which  the  salt  is  taken,  or  his  deputy,  shall,  on  the 
verbal  request  of  the  Governor,  or  of  the  owner,  forth- 
with summon  a  jury  of  twelve  freeholders,  or  house- nlonfaryin^Mr- 
holders,  who,  after  being  duly  sworn  by  the  sheriff,  orj^j.^^^^^^^^^^"' 
his  deputy,  to  assess  fairly  the  amount  of  compensation  pcnsaiicn. 
to  be  paid  to  the  owner  of  the  salt  taken  from  him  by 
the  Governor,  shall  proceed  to  assess  by  their  verdict, 
the  amount  of  compensation  so  to  be  paid  ;  and  for  the 
amount  so  assessed,  the  Governor  shall  forthwith  draw 
his  warrant  on  the  State  Treasurer,  in  favor  of  the 
owner,  unless  he  shall  elect  to  restore  the  salt  to  the 
owner,  which  he  is  hereby  authorized  to  do ;  or,  unless 
an  appeal  shall  be  taken,  either  by  the  owner,  or  the 
Grovernor,  from  the  verdict  of  the  jury,  to  the  next 
term  of  the  Circuit  Court  of  the  county  in  which  the 
verdict  is  rendered;  which  appeal  is  hereby  authorized i^^^^*"' ■*■  *• 
to  be  taken,  either  by  the  Governor  or  the  owner,  within 
five  days  after  the  rendition  of  the  verdict,  by  the  ap- 
pellant giving  security  for  the  costs  of  the  appeal,  to  be 
approved  by  the  sheriff,  or  his  deputy,  who  shall  have 


1861.  30 

summoued  the  jury;  and  when  an  appeal  shali  so  be 
^'****  taken,  such  sherift,  or  deputy,  shall  thereupon  return 
the  verdict  appealed  from  to  the  next  term  of  the  Cir- 
cuit Court  of  his  county;  and  the  assessment  of  the 
amount  of  compensation  shall  be  made  de  novo. 

Sec.  3.  And  be  it  further  enacted,  That  when  an  appeal 
shall  be  taken  by  the  owner,  as  provided  by  the  second 
section  of  this  act,  if  the  amount  of  compensation  as- 
sessed in  the  Circuit  Court  be  the  same  as  that  assessed 
by  the  verdict  appealed  from,  or  less,  the  owner  shall  be 
Owner  taxed     taxcd  with  all  the  costs;  and  execution  shall  be  issued 
tlincasesV"*''^'^"  against  him  and  his  security  for  costs  for  the  amount 
thereof;  but  if  the  amount  of  compensation  assessed  in 
said  Circuit  Court,  shall  be  greater  than  that  assessed 
by  the  verdict  appealed  from,  the  costs  shall  be  taxed 
Costs  against  the  against  the  Governor.     And  if  the  Governor  shall  ap- 
Srcases/'*"'^'  P®^1  from  the  verdict,  as  provided  in  the  second  section 
of  this  act,  and  the  amount  of  compensation  assessed 
in  the  Circuit  Court  shall  be  less  than  that  assessed  by 
Owners  taxed     the  vcrdict  appealed  from,    the  owner   shall   be  taxed 
with  costs.        with  all  the  costs,  and  execution  shall  be  issued  against 
him  and  his  security  for  costs  for  the  amount  thereof; 
otherwise,  the  Governor  shall  be  taxed  with  the  costs. 
Sec.  4.  And  be  it  further  enacted,  That  for  the  services 
sheHffTnd' ju °'^ ^f  *^^^  shcrift"  Or  his  deputy,  in  each  case  provided  for 
rors,  in  the  second  section  of  this  act,  he   shall  receive  five 

dollars,  to  be  taxed  in  the  bill  of  costs;  and  each  juror 
who  serves  as  provided  by  said  section,  shall  receive  one 
dollar,  to  be  likewise  taxed. 

Sec  5.  And  be  it  further  enacted.  That  for  any  costs 

or  necessary  expenses  incurred  by  the  Governor  under 

this  act,  he  may  draw  his  warrant  on  the  State  Treasurer, 

as  occasion  shall  require. 

Governor  to  S^^-  ^-  -^^^  ^^  '^^  further  enacted,  That  for  the  amount 

draw  his  war-    of  compcusation  asscsscd  in  the  Circuit  Court,  on  ap- 

rantforcompen-  ^      .\       t^  in  i.-       i  i         i 

eation assessed.^  peal,  the  Govcmor  shall,  as  soon  as  practicable,  draw 
his  w^arrant  on  the  State  Treasurer,  in  favor  of  the 
owner  of  the  salt  for  which  the  compensation  is  as- 
sessed. 

$150,000  appro-  Sec.  7.  And  he  it  furthtv  enactcd ,  That  for  the  pur- 
pose of  making  compensation  for  any  salt  which  shall 
be  taken  by  the  Governor,  under  the  provisions  of  this 
act,  and  of  paying  any  necessary  expenses  and  costs  that 
may  be  incurred  by  the  Governor,  under  the  same,  the 
sum  of  one  hundred  and  fifty  thousand  dollars,  or  so 


m 


priated. 


31  1861. 

mach  thereof  as  shall  be  necessary,  is  hereby  appropri- 
ated out  of  any  unappropriated  money  in  the  State 
Treasury, 

Sec.  8.  And  he  it  further  eiiacted,  That  if  any  person  Penalty  for  re- 
shall,  after  the  approval  of  this  act  by  the  Governor,  u,e^a°fte*"'^'°'" 
send  or  remove  any  salt  from  this  State,  or  shall  secrete 
any,  with  intent  to  evade  the  provisions  of  this  act,  he 
shall  be  guilty  of  a  high  misdemeanor,  and  on  convic- 
tion thereof,  shall  be  fined  in  a  sum  not  less  than  one 
thousand  dollars,  and  shall  be  imprisoned  in  the  Peni- 
tentiary for  a  period  not  less  than  two  years. 

Sec.  9.  And  be  it  further  enacted,  That  from  and  after  uniawrm  to  eeii 
the  approval  of  this  act  by  the  Governor,  it  shall  be  uu- uleK/"'  °^ 
lawful  for  any  person,  except  an  agent  of  this  State,  or 
of  the  Confederate  States,  to  send  any  salt  out  of  this 
State,  or  to  sell  salt  to  any  person,  to  be  sent  or  carried 
out  of  this  State,  without  the  consent  of  the  Gov- 
ernor. 

Sec.  10.  And  he  it  further  enacted,  That  any  person 
who  shall  violate  any  of  the  provisions  of  the  eighth  *°*  ^* 
section  of  this  act,  shall  be  liable  to  indictment,  and  on 
conviction,  shall  be  fined  in  any  sum  the  jury  may  as- 
sess, not  less  than  five  hundred  nor  more  than  five 
thousand  dollars  ;  and  at  the  discretion  of  the  jury  try- 
ing the  case,  may  be  imprisoned  in  the  Penitentiary  for 
any  period  not  exceeding  five  years. 

Approved,  Nov.  0,  1861. 


No.  30.]  AN  ACT 

To  amend  the  10th  section  of  "An  act  to  authorize  the 
Governor  to  take  possession  of  all  the  Salt  in  store, 
or  on  shipboard,  or  held  for  sale  in  the  State,  for  the 
public  use,  and  for  other  purposes,"  approved  Nov. 
9,  1861. 

Secttox  1.  He  it  enacted  hy  the  Senate  and  JLmsc  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  10th  section  of  the  above  recited  act, 
be  and  the  same  is  liereby  amended  by  striking  out  the 
word  "eighth"  and  inserting  in  lieu  thereof  the  word 
"ninth."" 

Approved,  Nov.  16,  1861. 


1861.  32 

No.  81.]  AN  ACT 

Declaratory  of  the  meaning  of  "an  act,  entitled  an  act 
to  authorize  the  Governor  to  take  possession  of  all 
the  Salt  in  store,  on  shipboard,  or  held  for  sale  in  the 
State,  for  the  public  use,  and  for  other  purposes,"  ap- 
proved Nov.  9,  1861. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Itcjyresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  none  of  the  provisions  of  the  above  recited 
act,  was  intended  to  apply  or  shall  apply  to  any  salt 
brought  or  imported  into  this  State  since  the  passage  of 
said  act. 

Approved,  December  9,  1861. 


No.  32.]  AN  ACT 

To  amend  an  act  therein  named. 

Sectiox  1.  JDe  it  enacted  hy  the  Senate  and  House  of 
rudUor' or'oon"  ^^P'''<^sentatives  of  the  State  of  Alabama  in  General  Assembly 
troiier.  convcned,  That  section  seven  of  "an  act  to  authorize  the 

Governor  to  take  possession  of  all  the  salt  in  store,  on 
shipboard,  or  held  for  sale  in  the  State,  for  the  public 
use,  and  for  other  purposes,"  approved  Nov.  9, 1861,  be 
so  amended  as  that  the  appropriation  ot  one  hundred 
and  fifty  thousand  dollars  therein  made,  shall  be  payable 
on  the 'order  of  the  Governor,  on  the  Auditor  of  the 
Treasury,  or  Comptroller  of  Public  Accounts,  as  in  the 
case  of  military  accounts,  out  of  the  monej's  raised  for 
the  military  defense  of  the  State,  under  acts  approved 
29th  January  and  2d  February,  1861,  or  any  other  funds 
in  the  treasur}'-  not  otherwise  appropriated. 

Sec.  2.  And  he  it  further  enacted^  That  wherever  in 
said  act,  the  Governor  is  directed  to  draw  his  warrant 
on  the  Treasurer,  the  same  be  so  amended  as  that  he 
shall  be  directed  to  draw  his  order  on  the  Auditor  of 
the  Treasury,  or  Comptroller  of  Public  Accounts,  and 
that  the  Auditor's  or  Comptroller's  warrants  drawn  in 
pursuance  of  such  orders  on  the  treasury-,  shall  be  pay- 
able out  of  the  moneys  raised  for  the  military  defense 


33  1861. 


of  the  State,  as  aforesaid,  or  any  other  funds  in  the 
treasiny  not  otherwise  appropriated. 
Approved,  December  9, 1861. 


No.  33.]  AN  ACT 

To  Regulate  Judicial  Proceedings. 

Section  1.  Be  it  enacted  hythe  Senate  and  House  of  Rep- 
rescntatwes  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  all  existino-  iud^raents  and  decrees  for ^, 

,,  .       c  111"  r^•  •  i.     /^i  Lienon  pri]Kr  ' 

the  payment  of  money,  rendered  by  any  Circuit,  Chan- 
cery, or  Probate  Court  of  this  State,  or  by  the  City 
Court  of  Mobile,  or  by  the  County  Court  of  Montgom- 
ery, or  by  any  Justice  of  the  Peace  of  this  State ;  and 
all  existing  judgments  on  forfeited  bonds,  on  which 
judgment,  decree,  or  forfeited  bond  an  execution  can 
now  be  issued;  and  all  judgments  rendered  by  any  of 
said  courts  or  justices  hereafter;  and  all  judgments  on 
bonds  which  shall  be  forfeited  hereafter,  shall  be  liens 
on  all  the  property  of  the  parties  against  whom  such 
judgments  and  decrees  have  been  or  shall  be  rendered, 
or  who  are  or  shall  be  bound  by  any  bond  having  the 
effect  of  a  judgment,  when  forfeited,  which  is  now  sub- 
ject to  levy  and  sale,  except  the  crops  of  such  parties, 
and  such  property  as  is  consumable  in  its  use,  including 
every  description  of  live  stock:  and  no  lien  of  any 
judgment,  decree,  or  forfeited  bond,  shall  be  lost  or  im- 
paired by  the  death  of  the  party  bound  thereby,  after 
the  approval  of  this  act,  nor  by  the  insolvency  ol  his  or 
her  estate. 

Sec.  2.  And  he  it  further  enacted,  That  if  the  defendant  Dofendant  msy 
in  such  judgment,  decree,  or  forteited  bond,  shall  tender '""'"^ '*"'^"' 
pa3'ment  of  the  amount  due  thereon,  to  the  creditor 
therein,  or  his  attorney  of  record,  in  current  bank  notes, 
or  in  bonds  or  treasury  notes  of  the  Confederate  States, 
or  of  this  State,  and  the  creditor  or  attorney  shall  refuse 
to  receive  them  at  their  par  value,  the  lien  of  such 
judgment,  decree,  or  forfeited  bond,  and  of  all  execu- 
tions thereon,  shall  thereby  be  discharged,  and  pre- 
vented. 

Sec.  3.  And  he  it  further  enacted^  That  any  debtor  de- 


be  rc'inored. 


Ifo'.v  nn  esecu 
Hon  may  ba 


1S61.  34 

siring  to  remove  the  lien  of  any  such  judgment,  decree, 

HA-.V  a  lien  may  oY  forfeited  bond,  before  payment  of  the  debt,  or  making 
the  tender  aforesaid,  may  do  so  by  procuring  at  least 
two  good  and  sufficient  sureties,  to  be  approved  by  the 
vj^  judge,  chancellor,  or  justice  in  whose  court  the  judg- 
ment, decree,  or  forfeited  bond  remains,  to  confess 
judgment  in  such  court  for  the  amount  of  principal, 
interest  and  costs  due  thereon,  from  such  debtor;  and 
such  confessed  judgment  shall  not  be  a  lien,  either  on 
the  propert}^  of  the  principal  debtor,  or  of  his  sureties; 
nor  shall  any  execution  on  such  confessed  judgment,  or 
on  the  original  judgment,  be  a  lien  on  the  property  of 
any  of  the  parties. 

Sec.  4.  And  be  it  further  enacted^  That  if  any  execu- 
tion upon  any  judgment,   decree,  or  forfeited  bond  for 

stayed.  '  the  payment  of  money,  shall  be  in  the  hands^f  an  offi- 
cer for  collection,  at  the  date  of  the  approval  of  this 
act,  and  the  plaintiff  therein,  or  his  attorney  of  record, 
will,  in  writing  thereon,  direct  the  officer  to  receive 
payment  of  the  interest  and  costs  due  thereon,  in  cur- 
rent bank  notes,  or  treasury  notes  of  the  Confederate 
States,  or  of  this  State,  at  par  value,  the  officer  shall 
proceed  to  collect  such  interest  and  costs,  and  shall  then 
return  the  execution  "stayed  by  operation  of  law,  as  to 
the  principal."  But  if  the  plaintiff,  or  his  attorney  of 
record,  will  not  give  such  direction,  the  officer  shall 
return  the  execution  to  the  court  from  which  it  issued, 
"stayed  by  operation  of  law,"  and  no  other  execution 
shall  be  issued  upon  the  same  judgment,  decree,  or  for- 
feited bond,  until  the  expiration  of  one  year  from  the 
date  of  the  ratification  of  a  treaty  of  peace  between  the 
Confederate  States  and  the  United  States;  and  any 
property  upon  which  such  execution  shall  have  been 
levied,  shall  be  restored  by  the  officer  to  the  defendant 

Proviso,  in  execution.     Provided,  however,  that  this  section  shall 

not  apply  to  executions  issued  in   attachment   cases, 
except  as  herein  provided. 

Skc.  5.  And  he  it  further  enacted,  That  no  execution 

fsrut-l'ereXr':'' shall  be  issued  upon  any  such  existing  judgment,  de- 
cree, or  forfeited  bond,  nor  upon  any  judgment  or  decree 
which  shall  be  rendered  hereafter,  without  the  written 
consent  of  the  defendant,  until  after  the  expiration  of 
one  year  from  the  date  of  the  ratification  of  a  treaty  of 
peace  between  the  Confederate  States  and  the  United 

Escertion.        gtatcs,  except  in  attachment  cases,  and  for  the  interest 


SS  18C1. 

and  costs  due  upon  such  judgment,  decree,  or  forfeited 
bond,  and  as  licrein after  provided,  and  in  the  following 
cases:  If  the  plaintiii  in  any  judgment,  decree,  or  for- 
feited bond,  or  his  agent,  attornc}'-,  or  assignee,  will 
make  aiiidavit  before  the  ofliccr  whose  duty  it  shall  be 
to  issue  the  execution,  that  the  debtor  in  the  judgment, 
decree,  or  bond,  is  about  to  remove  his  property  out  of 
this  State ;  or  is  about  to  dispose  of  his  property  fraudu- 
lently; or  has  disposed  of  his  property  fraudulently;  or '^'"^  *'"*'^''' 
is  about  to  dispose  of  his  property  so  as  to  defeat  the 
lien  of  the  judgment,  decree,  or  forfeited  bond;  and 
will  give  bond  Avith  at  least  two  good  sureties,  to  be 
approved  by  such  officer,  in  a  peualt}''  of  double  the 
debt,  payable  to  the  debtor,  and  conditioned  as  attach- 
ment bonds  are  required  to  be  conditioned,  then  execu- 
tion may  be  issued  on  such  judgment,  decree,  or  for- 
feited bond,  and  the  same  proceedings  shall  be  had 
thereon  as  if  this  act  had  not  been  passed. 

Sec.  6.  And  be  it  furtlier  enacted,  That  execution  may  Kx^eution  may 
be  issued  for  the  collection  of  the  interest  and  cost  duejfonungoncy*'" 
upon  any  such  existing  judgment,  decree,  or  forfeited 
bond,  as  is  specified  in  the  first  section  of  this  act,  or 
upon  any  bond  which  shall  be  forfeited  hereafter,  or  upon 
an3\judgmen  tor  decree  which  shall  be  rendered  hereafter, 
whenever  the  plaintifl:'  therein,  or  his  attorney  of  record, 
will,  in  w^riting  thereon,  direct  the  officer  having  the 
collection  thereof,  to  receive  payment  of  the  interest 
and  costs  due,  in  current  bank  notes,  or  treasury  notes 
of  this  State,  or  of  the  Confederate  States,  at  their  par 
value;  and  when  the  direction  shall  be  so  given,  the 
proper  officer  shall  proceed  to  collect  the  interest  and 
costs  due,  accordingly. 

Skc.  7.  And  he  it  furtlier  enacted,  That  if  it  shall  be 
made  to  appear  to  the  court,  in  any  suit  or  proceeding 
commenced  after  the  approval  of  this  act,  upon  any  con-  S"'i«  may  be 
tract,  express  or  implied,  for  the  payment  of  money,  '°""°"''  " 
that  before  the  commencement  of  the  suit  or  proceed- 
ing, the  defendant,  or  defendants  therein,  or  his  or  her 
personal  representative,  tendered  payment  of  the  debt 
in  bonds  or  treasury  notes  of  this  State,  or  of  the  Con- 
federate States,  or  in  current  bank  notes;  or  tendered 
payment  of  the  interest  due  on  the- contract,  in  current 
bank  notes,  or  treasury  notes  of  this  State,  or  of  the 
Confederate  States,  and  that  the  plaintift'  refused  to 
receive  them  at  their  par  value,  the  court  shall  continue 


1861. 


36 


Sixteenth  sec- 
tion debts. 


No  judgment 
against  volun- 
teers. 


the  suit  or  proceeding,  from  term  to  term,  for  three 
terms  of  the  court,  exclusive  of  the  term  at  which  the 
suit  or  proceeding  was  commenced;  and  when  judg- 
ment shall  be  rendered  in  the  cause,  the  plaintiff  shall 
be  taxed  with  all  the  costs,  and  execution  shall  be  is- 
sued therefor.  But  if  the  defendant  shall  fail  to  prove 
such  tender,  or  that  he  has  paid  the  interest  due,  he 
shall  be  taxed  with  all  the  costs,  if  the  plaiutift'  re- 
cover. 

Sec.  8.  And  he  it  further  enacted,  That  no  sixteenth 
section  debt  shall  be  put  in  suit  before  the  ratification 
of  a  treaty  of  peace  between  the  Confederate  States 
and  the  United  States,  if  the  interest  shall  be  paid  with- 
in ninety  days  from  the  date  of  the  approval  of  this  act, 
and  on  the  first  day  of  every  March  thereafter,  unless 
the  trustees  of  the  township  to  which  it  belongs,  or  a 
surety  for  the  debt,  shall  require  it  to  be  done. 

Sec.  9.  And  be  it  fu7-ther  enacted,  That  no  judg- 
ment shall  be  rendered  (except  in  attachment  cases  al- 
ready commenced)  against  any  citizen  or  resident  of 
this  State  who  is,  or  shall  be  a  volunteer  in  the  actual 
military  service  of  this  State,  or  of  the  Confederate 
States,  so  long  as  he  continues  in  such  military  service 
as  a  volunteer,  except  in  favor  of  a  surety  or  endorser 
of  such  volunteer,  who  has  paid  the  debt  since  he  vol- 
unteered. 

Sec.  10.  And  he  it  further  enacted,  That  when  a  judg- 
pdncipaundtlf-  ™6nt  or  dccrcc  shall  be  rendered  hereafter  on  any  con- 
tere-st.  tract  for  the' payment  of  money,  it  shall  be  the  duty  of 

the  court  rendering  the  judgment  or  decree,  to  cause 
the  judgment  entry  to  show  the  separate  amounts  of 
principal  and  interest  for  which  the  judgment  or  decree 
is  rendered. 

Sec.  11.  And  he  it  further  enacted,  Tha"  if  it  shall  be 
proved  in  any  suit  upon  an  open  account,  or  other  un- 
liquidated demand  not  sounding  in  tort,  that  the  defend- 
ant failed  for  thirty  days  after  request,  to  pay,  or  give 
his  note  for  the  demand,  and  the  plaintiff  shall  recover 
the  amount  which  he  requested  the  defendaiit  to  pay, 
or  give  his  note  for,  the  defendant  shall  be  taxed  with 
all  the  costs,  and  shall  not  be  entitled  to  the  benefit  of 
any  of  the  provisions  of  this  act;  and  the  court  shall 
direct  in  the  judgment  entry  that  execution  shall  issue 
"without  stay  or  condition." 

Sec.  12.  And  he  it  further  enacted,  That  whenever  in- 


Court  entry  to 


Suit  upon  open 
account. 


37  1861. 

terest  shall  be  paid,  or  collected,  on  any  judgment,  de-  Kxecution  mav 
cree,  or  forfeited  bond,  in  conformity  to  the  foregoing  issue  uponraii"- 
provisions  of  this  act,  and  the  defendant,  or  defendants,  est!  "  '"■* '" 
in  the  judgment,  decree,  or  forfeited  bond,  or  his,  her 
or  their  personal  representative,  shall  iail  to  pay  the 
interest  accruing  afterwards,  at  the  expiration  of  twelve 
months  from  the  date  of  the  last  payment  of  interest, 
the  plaintiff,  or  plaintitts,  or  his,  her,  or  their  personal 
representative,  may  sue  out  execution  on  the  judgment, 
decree,  or  forfeited  bond,  and  collect  the  interest  due, 
by  a  levy  upon  and  sale  of  any  of  the  property  of  the 
defendant,  or  defendants,  which  shall  be  subject  to  levy 
and  sale;  and  may  continue  to  do  so  until  payment  of 
the  principal  shall  be  coerced,  in  conformity  to  the  pro- 
visions of  this  act.  Provided,  however,  that  before  any  Proviso. 
such  execution  for  interest  shall  l)e  levied,  the  plaintiff 
therein,  or  his  attorney  of  record,  shall  endorse  thereon 
that  the  sheriff,  or  other  ofHcer,  as  the  case  may  be, 
may  receive  in  payment  of  such  interest  current  bank 
notes,  or  treasury  notes  of  this  State,  or  of  the  Confed- 
erate States,  at  their  par  value. 

Sec.  13.  And  be  it  further  enncted,  That  no  property  i>eed8  of  hum. 
except  such  as  is  perishable  in  its  nature,  other  than 
slaves,  conveyed  by  any  existing  deed  of  trust,  or  mort- 
gage to  secure  the  pajnnent  of  a  debt,  whether  it  con- 
tains a  power  of  sale  or  not,  shall,  without  the  consent 
of  the  maker  or  makers  thereof,  be  sold  to  pay  the 
debts  secured  thereby,  until  after  the  expiration  of  one 
year  from  the  date  of  the  ratification  of  a  treaty  of 
peace  between  the  Confederate  States  and  the  United 
States,  exce^jt  under  a  decree  of  a  court  of  chancery,  or 
under  execution  upon  a  judgment  at  law  upon  tliedebt 
secured  by  the  conveyance;  unless  the  trustee  or  mort- 
gagee have  actual  possession  of  the  property  conveyed  ; 
and  if  it  shall  be  made  to  appear  to  the  court  in  any 
suit  either  at  law  or  in  equity,  to  enforce  payment  of 
the  debt  secured  by  any  such  conveyance,  that  before 
the  commencement  of  the  suit,  the  maker  or  makers  of 
the  conveyance,  or  his  or  their  personal  representative, 
either  offered  to  [-ay  the  debt  due  in  coin,  current  l)ank 
notes,  or  bonds,  or  treasury  notes  of  tiie  Confederate 
States,  or  of  this  State;  or  offered  to  pay  the  interest 
due  on  the  debt,  in  coin,  current  bank  notes  or  treasury 
notes  of  tini  Confederate  States,  or  of  this  State,  and 
that  the  holder  of  the  debt  refused  to  accept  the  offer, 


1861.  38 

the  court  shall  continue  the  cause  from  term  to  term 
for  three  terms,  exclusive  of  the  term  at  which  the  suit 
was  commenced;  and  when  a  judgment  or  decree  shall 
be  rendered  in  the  cause,  the  plaintiii  shall  be  taxed 
with  all  the  costs. 
To  becontinuod      Sec.  1-1.  And  1)6  it  furtliev  enacted,  That  any  suit  now 

it  interest  IS  j);u  J  ,.  .  c    ,  \  />      i   •      r-i 

pending  in  any  or  the  courts  or  this  State,  to  recover 
propert}^  conveyed  by  deed  of  trust  or  mortgage,  under 
the  provisions  of  an  act  entitled  an  act  to  regulate  ju- 
dicial proceedings,  and  for  other  purposes,  approved  the 
8th  of  February,  1861,  shall  be  continued  from  term  to 
term,  until  the  expiration  of  one  year  from  the  date  of 
the  ratification  of  a  treaty  of  peace  between  the  Con- 
federate States  and  the  United  States,  if,  before  the  ren- 
dition of  a  judgment  or  decree  in  such  suit,  the  maker 
of  the  conveyance,  or  his  or  her  personal  representative 
shall  pay,  or  offer  to  pay  to  the  holder  of  the  debt  se- 
cured thereby,  all  the  interest  due  on  the  debt,  either 
in  coin,  current  bank  notes,  or  treasury  notes  of  this 
State,  or  of  the  Confederate  States;  and  shall  continue 
thus  to  pay,  or  offer  to  pay,  the  interest  due,  annually, 
after  the  first  payment,  or  offer  to  pay,  during  the  pen- 
denc}^  of  the  suit;  or  shall  tender  payment  of  the  debt 
and  interest,  in  current  bank  notes,  or  bonds,  or  treasury 
notes  of  this  State,  or  of  the  Confederate  States,  and 
the  holder  of  the  debt  shall  refuse  to  receive  them. 
Sheriff,  &c.,  not  Sec.  15.  And  he  it  further  enacted,  That  no  sheriff, 
habiefor  ^'*""*- (.Q^^Qj^gj.^  qj.  coustablc,  shall  be  held  liable  for  an}^  dam- 
ages, over  and  above  the  principal,  interest  and  costs 
due  on  an  execution  in  his  hands,  by  reason  of  his  hav- 
ing failed  since  the  first  day  pf  April,  1861,  to  make  the 
money  on  such  execution. 
Sections  of  a  ccr-  ^EC.  16.  And  be  it  further  enacted,  That  all  the  provis- 
tain  act  repealed  io,^g  ^f  ,^fj  ^ct  entitled  "An  Act  to  Rcgulate  Judicial 
Proceedings,  and  for  other  purposes,"  approved  the  8th 
of  February,  1861,  except  sections  1,  4,  5,  6  and  7;  and 
the  act  explanatory  of  said  act,  approved  the  9th  of 
February,  1861,  be,  and  the  same  are  hereby  repealed : 
Provided,  hoivever,  that  all  bonds  taken  in  pursuance  of 
said  act,  shall  remain  valid ;  and  if  the  conditions  be 
not  complied  with,  may  be  returned  forfeited,  as  pro- 
vided by  said  acts,  and  when  forfeited,  executions  may 
issue  thereon,   as  provided  by  this  act. 

Sec.  17.  And  be  it  further  enacted,   That  all  the  pro- 
visions of  the  statute  of  limitations  contained  in  article 


39  1861. 

1,  of  chapter  xxi,  part  3,   title  1,  of  the  Code  of  this  g„gp^„^j^^  ^r 
State,  be,  and  the  same  are  hereby  suspended,  until  the  pr^^'s'ons of  the 

.    '     .    '         ^   ,  ,  ,,         r>  ,1  1     .  Oil  .-     statmc  of  limi- 

expiration  oi  twelve  months  irom  tlie  date  or  the  rati- tations. 
fication  of  a  treaty  of  peace  between  the  Confederate 
States  and  the  United  States,  both  at  law  and  in  equity, 
so  that  the  time  elapsing  during  such  suspension  shall 
not  hereafter  be  computed  :  Provided,  however,  that  no  Proviso. 
claim,  right,  interest,  or  cause  of  action  which  at  the 
approval  of  this  act  is  barred  by  any  provision  or  part 
of  any  statute  of  limitation  or  non-claim  shall  be  re- 
vived or  made  good  by  anything  contained  in  this  act. 

Sec.  18.  And  be  it  further  enacted,  That  when  a  judg-  nos^uiatiou  ..r 
meut  shall  be  rendered  in  any  proceeding  by  attach-  bai'ance!"  "^"^ 
ment,  and  the  property  on  which  the  attachment  was 
levied  shall  not  be  sufficient  to  pay  the  debt,  execution 
for  the  balance  of  the  debt  shall  be  governed  by  the 
rules  prescribed  by  this  act,  in  respect  to  other  execu- 
tions :  Provided,  however,  that  any  citizen  of  the  Con- 
federate States  who  is  attached  as  a  non-resident,  shall 
be  entitled  to  all  the  benefits  and  privileges  of  this  act 
to  which  other  defendants  are  entitled. 

Sec.  19.  And  be  it  further  enacted.  That  if  any  levy  written  surges- 
has  been  made  under  any  execution,  (except  for  taxes  iJ^rHyVr"!"!!"." 
or  debts  due  this  State.)  any  defendant  therein,  upon  '>• 
delivering  to  the  officer  holding  such  execution  a  written 
suggestion  that  there  is  some  irregularity  or  illegality 
iu  the  execution,  or  in  its  issue,  or  iu  the  proceedings 
under  it,  shall  have  the  right  to  give  a  bond  in  double 
the  amount  of  the  execution,  with  good  security,  to  be 
ap])rovcd  by  such  officer,  payable  to  fhe  plaintilf  in  the 
execution,  and  conditioned  to  pay  to  the  plaintili"  the 
amount  of  the  execution,  and  interest  and  costs  there- 
on, if  the  suggestion  is  not  established  as  true;  such 
bond  shall  operate  as  a  supersedeas,  and  shall  be  re- 
turned with  the  execution  to  the  court  to  which  the 
execution  is  returnable,  with  an  endorsement  on  the 
execution  to  this  efiect,  to  wit:  "  Stayed  by  suggestion 
and  bond  under  the  statute."  The  court  to  which  such  Court  tries  issue 
return  is  made  shall  try  any  i^ue  made  up  as  to  the 
truth  of  such  suggestion  ;  if  the  suggestion  is  estab- 
lished as  true,  the  court  shall  enter  judgment  amending 
the  defect  or  defects  which  may  be  shown,  at  the  cost 
of  the  plaintiff  in  execution,  and  dcclaiing  the  bond  to 
have  the  force  of  a  judgment  against  all  the  obligors 
therein,  at  the  costs  of  the  defendant  in  execution  and 


1S61.  40 

his  sureties.  From  any  sueli  judgment  any  of  the  par- 
AM-eaiuiaybe  ties  may  appeal  within  six  mouths,  eitlierto  the  Circuit 
or  Supreme  Court,  upon  giving  an  appeal  bond  in  double 
the  amount  of  the  execution,  payable  to  the  appellee, 
with  sufficient  security,  and  with  condition  to  prosecute 
the  appeal  to  effect,  and  to  satisfy  such  judgment  as  the 
appellate  court  may  render  in  the  premises;  which  bond 
may  be  approved  by  the  justice,  judge,  clerk  or  register 
of  the  court  from  which  the  appeal  is  taken,  and  shall 
Pirviso.  operate  as  a  supersedeas  :  Provided,  that  all  the  provis- 

ions of  this  section  shall  apply  to  executions  or  orders 
of  sale  issued  in  cases  commenced  by  attachment,  or  in 
which  attachments  may  have  been  or  may  be  issued,  as 
fully  as  to  au  execution  issued  in  any  other  kind  of  case. 
Approved,  December  10,  18G1. 


.# 


No.  34.]  AN  ACT 

To  amend  the  act,  approved  8th  Feb.  1861,  entitled 
"  an  act  to  regulate  Judicial  proceedings  and  for  other 
purposes." 

Section  1 .  J3e  it  enacted hy  the  Senate  and  House  of  Mepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembl;/ 
convened^  That  the  above  recited  act  shall  not  be  so  con- 
strued as  to  apply  to  any  remedy  in  force  prior  to  the 
passage  of  said  act  regulating  proceedings  in  cases  of 
forcible  entry  and  detainers  or  unlawful  detainers,  but 
the  remedy  in  such  cases  shall  exist  as  if  said  act  of  the 
8th  February,  1861,  had  not  passed,  any  law  to  the  con- 
trary notwithstanding. 

Approved,  December  9,  1861. 


No.  35.]  AN  ACT 

To  amend  "an  act  to  regulate  Judicial  Pisoceedings 
and  for  other  purposes,"  approved  Feb.  8th,  1861. 

Section  1.  .7?e  it  enacted  hy  the  Senate  and  House  of 
Jiepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  six  of  an  act,  entitled  "an  act 


41  '  1861. 


to   regulate  Judicial  proceedinsjs   and   for  other  pur- 
poses," be  amended  by  adding^he  words  "or  of  tbe^f '°"^^™^"''- 
Confederate  States"  after  the  words  "this  State,"  in 
the  third  line  of  said  section. 
Approved,  December  10, 1861. 


Hlo.  36.]  AN  ACT 

To  appropriate  the  balance  of  the  Three  Per  Cent  Fund 
now  in  the  Treasurj^  of  the  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre-  .^^^^^^^  app^^. 
sentatives  of  the  State  of  Alabama  in  Gejieral  Assembly  p^'^^i;^^^^^  A\a. 
convened,  That  the  three  per  cent  iTind  now  on    handersRaUroad. 
and  in  the  treasury,  amounting  to  five  thousand  eight 
hundred  and  sixty-one  dollars    and    ninetj^-uine  cents, 
be  and  the  same  is  hereby  appropriated  to  the  Alabama 
and  Tennessee  Rivers  Rail  Road  company  on  the  terms 
and  conditions  hereinafter  mentioned. 

Sec.  2.  Be  it  further  enacted,  That  the  appropriation  , 

1  1  11111  1  •  1-  -i-i  1  -Appropriation 

hereby  made  shall  be  taken  in  stock  in  said  rail  road  taken  as  stock, 
company  in  the  name  of  the  State  of  Alabama,  in  the 
manner  and  on  the  same  terms  specified  in  the  act  of 
the  General  Assembly,  entitled  "  an  act  to  appropriate 
the  unappropriated  part  of  the  two  per  cent,  fund,  and 
a  portion  of  the  three  per  cent,  fund,"  approved  Febru- 
ary 4th,  1850,  and  certificates  of  stock  shall  be  issued 
to  the  State  of  Alabama  in  the  same  manner  for  the 
amount  hereby  appropriated  as  required  by  said  last 
mentioned  act. 

Sec.  3.  Be  it  further  enacted,  That  said  sum  hereby  to  be  paid  to  the 
appropriated,  after  tbe  certificate  of  stock  shall  first  iuVin  payment 
have  been  issued  to  the  State  of  Alabama,  shall  in-  °^  '"'"**• 
etantcr  be  paid  over  to  the  Treasurer  of  the  State  in 
part  payment  of  the  first  interest  that  will  be  falling 
due  from  the  said  Alaljamu  and  Tennessee  Rivers  Rail 
Road  on  the  loan  heretofore  made  to  said  company  un- 
der and  by  virtue  of  the  act  of  the  General  Assembly,  .^^ 
entitled  "an  act  to  loan  and  appropriate  the  three  ^^  ^ 
percent,  fund  and  its  interest,"  approved  February  18,  ^ 
1860. 

Approved,  December  9,  1861. 


1861.  42 

No.  37.]  AN  ACT 

To  make  an  appropriation  for  tlic  payment  of  Interest 
on  State  Bonds. 

•"^         Sec.  1.  Beit  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
tl^l'^t^^l^^^'^  convened,  Tliat  an  appropriation   be  and  the   same  is 
hereby  made  from  any  moneys  in  tlie  treasury  not  other- 
wise appropriated,  of  such  sum  as  may  be  necessary  to 
meet  the  interest  on  coupon  bonds  heretofore  author- 
ized to  be  issued  by  the  State  of  Alabama,  payable  at 
the  State  Treasury  and  at  the  Bank  of  Mobile,  as  the 
same  becomes  due  and  payable,  and   that  the  Comp- 
draw  warranun  troller  of  Public  Accouuts  bc  aud  he  is  hereby  required 
state  Treasurer,  ^q  draw  his  Warrant  therefor  on  the  State  Treasurer  in 
favor  of  such  person  or  persons  as   are  entitled  to  re- 
ceive the  same. 
Approved,  ISTovember  11,  1861. 


No.  38.]  AN  ACT 

To  Suppress  Monopolies. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in   General  Assembly 
jsofcrsoniohuy  cojivened,  That  no  person  or  persons  shall  buy  up  live 
t'oVoJTu^escM- stock,  or  any  commodity  whatsoever,  with  the   intent 
*^''^"  to  produce  a  scarcity  of  the  same  in  the  market,  so  that 

by  reason  of  such  scarcity  he  may  obtain  a  higher  price 
therefor. 
^    , .    ,.  Sec.  2.  Be  it  further  enacted.  That   no   persons  shall 

Combinations  ,  .  ,  , .  /  t    •  c- 

not  to  do  it.  combine  to  buy  up  live  stock,  or  commodities  oi  any 
kind,  with  intent  to  produce  a  scarcity  thereof  in  the 
market,  so  that   by   reason  of  such  scarcity  they  may 

Meaning  of  word  obtain  hii^her  priccs  therefor;  and  by  the  word  "market" 
m  this  act  is  meant  not  only  places  where  live  stock  or 
commodities  are  brought  together  for  sale,  but  anywhere 
in  town  or  country  where  such  things  are  produced,  or 
sold,  or  wanted. 

Judge  to  charge      Sec.  3.  Bc  it  further  enacted,  That  the  judges  of  the 

grandjuries.  geyeral  circuit  courts  of  this  State  shall  give  this  act  in 
charge  to  the  grand  juries,  who  shall  inquire  into   and 


43         -       ,  ,  1861. 


present  all  violations   of  this  act,  and  any  person  con- p^^j^^ji^  ^^i.  ^j^ 
victed  on  indictment  or  presentment,    under   this  act,  lationbr  this  act. 
may  be  lined,  at  the  discretion  of  the  jurj',  and  impris- 
oned not  exceeding  one  year. 

Sec.  4.  Be  it  farther  enacicd,  This  act  shall  be  in  f<>i'ce  p^^j^^^^  ^^^ 
from  the  date  of  its  passage  to  the  end  of  the  pending  force  of  the  act. 
war  between  the  Confederate   States  and  the  United 
States  :  but  the  termination  of  the  war  shall  not  abate 
any  prosecutions  then  pending:,  nor  shall  it  be  a  bar  to ''"^■'"""A''*'" J*.^ 

i'  .  I  .  ,  i  ~  .  .  ,  n  a  r  not  to  abate 

the  institution  of  new  prosecutions  for  any  violation  ot  prosecution, 
this  act  that  may  have  been  committed  during  the  war. 
Approved,  iSTovemberll,  1861. 


No.  39.]  AJ^  ACT 

To  Prohibit   Buying  under  False  Pretenses. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre-  |°°'^^ot'"to'hc' 
sentatkes  of  the  State  of  Alabama  in  General  Assembly  bougiiton  feiso 
convened,  That  no  person  shall  buy  any  articles  of  food '"^''"'^"'^''' 
or  clothing,  or  any  other  property,  upon  the  false  pre- 
tense that  he  is  employed  or  authorized  to  do  so  by  the 
Confederate  States  of  America,  or  any  one  of  said 
States,  or  by  any  individual,  society,  partnership,  or 
corporation,  engaged  in  manufacturing  or  preparing 
arms,  munitions,  or  other  warlike  stores,  or  food, 
clothing,  or  other  material,  for  the  use  of  the  soldiers 
afore.'^aid,  or  upon  the  false  pretense  that  lie  is  buying 
any  of  the  articles  or  property  aforesaid  for  the  use  or 
benefit  of  the  Confederate  States,  or  any  of  them,  or 
for  the  use  or  benefit  of  the  soldiers  thereof,  whether 
he  pretends  to  have  authority  to  do  so,  or  not,  and 
whether  the  person  buying  under  false  [tretense  afore- 
said shall  pay  for  the  ]iioperty  so  bought  at  the  time  of 
the  purchase,  or  shall  buy  the  same  on  credit,  shall 
make  no  diflerence  at  what  price  he  may  have  obtained 
any  of  the  articles  or  property  aforesaid. 

Skc.    2.    Be  it  further   enacted.    That    grand    juries  ^  ^^ 

shall  in(]uire  into  all  violations  of  this  act,  and  the  act  vio- 

shall  bi-  given  in  charge  by  the  circuit  judges,  and  to 
enable  them  to  do  so,  the  said  grand  juries  shall  have 
all  the  powers,  and  be  subject  to  all  the  duties  imposed 
by  the  penal  code  of  tl  ' 


1861.  44  ^^_ 

Sec.  3.  Be  it  further  enacted,  That  whenever  any  errand 

An  aggrar  at  ert     ,  in  V  c      ■\  •      t 

case  10  be  tried  juFj  shall  make  a  presentment,  or  tin d  an  indictment 
eony.  uj-^^gj.  tJiis  act,  and  shall  believe  that  the  offense  is  so 
aggravated  as  to  deserve  imprisonment  in  the  peniten. 
tiary,  they  shall  endorse  on  the  presentment  or  indict- 
ment "aggravated,"  signed  by  their  foreman,  and  then 
the  trial  shall  be  conducted  as  in  cases  of  felony,  and  if 
the  defendant  is  found  guilty  the  jury  may  find  that  he 
be  imprisoned  in  the  penitentiary  not  less  than  two  nor 

Penalty.  morc  than  five  years,  or  that  he  pay  a  fine  to  be  assessed 

by  them  at  discretion,  or  be  imprisoned  in  the  county 
jail  not  exceeding  one  j^ear.  If  the  indictment  or  pre- 
sentment is  not  endorsed  "aggravated,"  then  the  trial 

other  cases  to  be  shall  bc  couductcd  as  in  cases  of  misdemeanor.     If  the 

demeanor"™'*  defendant  pleads   not   guilty,  and  the  verdict  shall  be 
against  him,  the  jury  may  assess  the  fine  at  discretion, 

Penalty.  or  the  court  shall  imprison  the  defendant  not  exceeding 

one  year.  If  the  defendant  pleads  guilty,  the  jury  may 
assess  the  fine,  and  the  court  the  imprisonment,  as 
aforesaid. 

Act  in  force  du-  Sec.  4.  Be  it  further  enacted,  That  this  act  shall  be 
in  -force  from  its  passage  till  the  end  of  the  present  war 
between  the  Confederate  States  and  the  United  States, 
but  any  violation  of  it  during  the  war  may  be  prosecu- 
ted notwithstanding  the  termination  of  the  war. 
<Approved,  November  11, 1861. 


ring  tlie  present 
war, 


No.  40.]  AK  ACT 

To  Suspend  for  a  Specified  Time  the  Operation  of  the 
36th  Section  of  the  Ordinance  "In  Eelation  to  the 
Waste  and  Unappropriatted  Land  in  the  State  of 
Alabama,"  Adopted  March  20th,  1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  36th  section  of  the  ordinance  "In 
relation  to  the  waste  and  unappropriated  land"  in  the 
State  of  Alabama,"  adopted  March  20th,  1861,  be  and 
the  same  is  hereby  suspended  and  declared  inoperative 
during  the  continuance  of  the  war  with  the  United 
States,  and  for  one  year  thereafter. 

Approved,  November  8,  1861. 


#*  1861. 

Ko.  41.  AN  ACT 

To  provide  for  carrying  out  the  requirements  of  Section 
34  of  ail  Ordinance  "in  relation  to  the  waste  and  un- 
appropriated Land  in  the  State  of  Alabama,"  adopted 
20t.h  March,  1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  i?ep- commiesioner  to 
resentatives  of  the  State  of  Alabama  in  General  AssemUy  *^"'i''">' '='«'''^«- 
convened,  That  the  commissioner  of  public  lands  is 
hereby  authorized  to  employ  any  number  of  clerks 
which  he  may  find  it  necessary  to  assist  in  issuing  and 
recording  patents  for  lands  entered  or  located  prior  to 
the  11th  January,  1861,  and  to  charge  for  each  of  said 
patents  issued  the  sum  of  fifty  cents,  to  be  paid  by  the  Fee  of  fifty  cents 

i-  1     •  r       1.1  i.       i.        T>         -J  J     mi      i.  for  each  patent. 

party  applying  tor  the  patent:  jrroiiaedy   Ihat  any  per- 
son who  has  made  several  entries  or  locations  for  which 
no  patents  have  issued  shall   not  be  required  to  pay  onc patent  for 
more  than  fifty  cents  for  the  patent  of  such  several  en- scleral  entries 
tries  or  locations  :  and,  Provided  further,  That  if  the 
fees  so  received  exceed  in  any  one  year  two  thousand  Kxeess  of  $2000 
dollars,  the  excess  shall  be  paid  by  the  commissioner  siatc'tr'^asury!*° 
into  the  treasury  of  this  State  ;  and  Provided,   also,  proviso. 
that  all  the  expenses  of  preparing  the  patents  shall  be 
paid  out  of  said  fees,  to  be  received  as  aforesaid  :  Pro-  Another proTieo. 
vided  further,  no  patent  shall   be  issued,  except  upon 
the  a]iplication  of  the  part}'  legall}-  holding  the  certifi- 
cate of  purchase  and  on  return  of  such  certificate. 
Approved,  December  10,  1861. 


No.  42.]  AN  ACT 

To  compensate  the  receivers  of  public  moneys  at  cer- 
tain District  Land  Offices  in  Alabama,  and  iu  rela- 
tion to  canceled  entries. 

-^KC.  1.  Be  it  enacted  by  the  Senate  and  Home  of  Bep- 
ntnflves  of  the  State  of  Alabama  in  General  Assembhj  ^  ,,  „  „, 

,      „,.■'  ,  •'.  r.  I  ^•  1       Compensation  of 

convened,   1  hat  tlie  receivers  or  public  moneys  at  the  ctrtain  rcccucre 

district  land  offices,  located  at  Elba,  Greenville,  Ilunts- 

ville,  St.  Stephens,  and  Tuscaloosa,  shall  be  entitled  to 

■ipcnsation  at  the  rate  of  five  hundred  doUarn  per 

.  ..urn,  aud  cue  per  centum  on  the  receipts  for  public 


r 


1861. 


m 


Proviso. 


lands  at  those  offices  for  their  services  since  the  adop- 
tion of  the  ordinance  in  rehition  to  the  waste  and  un- 
appropriated land  in  the  State  of  Alabama :  Provided^ 
That  the  salary  of  no  receiver  of  public  moneys  shall 
exceed  the  amount  received  at  his  office  from  the  sale 
of  public  lands,  and  the  commissioner  of  public  lands 
is  hereby  authorized  and  required  to  allow  such  com- 
pensation to  said  receiver :  Provided,  That  such  persons 
shall  only  be  paid  for  the  length  of  time  during  wliich 
they  shall  have  actually  performed  duties  as  such  re- 
ceiver, of  which  services  satisfactory  evidence  shall  be 
made  to  the  commissioner  of  public  lauds  :  and,  Pro- 
vided further ,  that  they  shall  receive  no  pay  or  compen- 
sation for  any  services  they  may  hereafter  render. 

Sec.  2.  Be  it  further  enacted,  That  in  all  cases  where 
entries  have  been  improperly  made  at  any  land  ofHce 
in  the  State,  of  lands  donated  by  the  Congress  of  the 
United  States  to  any  railroad  compan}^,  and  which  en- 
tries have  been  canceled,  the  amount  of  money  paid 
for  the  entry  of  such  land  shall  be  refunded  back  to  the 
person  paying  the  same,  by  the  receivers  of  said  land 
offices,  out  of  any  public  monies  in  their  hands,  on  ap- 
plication of  the  party  entitled  to  the  same :  Provided^ 
The  party  applying  has  not  heretofore  received  his 
money. 

Sec.  3.  And  be  it  further  enacted,  That  said  receivera 
cBeeVmone^MD  shall  also  refuud  to  any  person  any  amount  of  money 

bo  refunded.         ,i„,  ,  i  '^S  i4.-i 

that  may  have  been  overcharged  to  said  person  on  any 
entry  heretofore  made  at  said  offixes  out  of  an^'-  public 
moneys  in  their  hands  on  the  application  of  the  party 
entitled  to  the  same. 

Approved,  December  10.  1861. 


Money  for  en- 
tries ia  certain 
cases  to  be  re- 
ftudcd. 


Proviso. 


In  orer.charged 


No.  43.]  AN  ACT 

To  require  the  Registers  and  Receivers  of  Public  Lands 
in  this  State  to  receive  in  payment  for  lands  entered, 
the  current  notes  of  the  banks  of  this  State,  the 
Treasury  notes  of  the  government  of  the  Confede- 
rate States  and  of  this  State. 


Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  Slate  of  Alabama  in  General  Assembly 


47  1861. 

convened)  That  hereafter  the  Register  and  Receivers  of 
the  several  land  offices  in  this  State  shall  be  required  to 
receive  in  payment  for  all  public  lands  entered  at  their 
offices  the  current  notes  of  any  of  the  chartered  or  free 
banks  of  this  State,  and  the  Treasury  notes  of  the  gov- 
ernment of  the  Confederate  States  and  of  this  State. 
Approved,  November  28,  1861. 


]Slo.  44.]  AN"  ACT 

In  relation  to  the  location  of  Bounty  Land  Warrants. 

Sec.  1.  lie  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  all  warrants  for  military  bounty  land  g's*"'^^""''"""" 
issued  under  any  law  of  the  United  States,  and  which 
were  held  and  owned  by  citizens  of  this  State  on  the 
11th  of  January,  1861,  arc  hereby  declared  to  be  as- 
signable according  to  such  form  as  may  be  prescribed 
by  the  commissioner  of  public  lands,  so  as  to  vest  the 
assignee  with  all  the  rights  the  owner  of  the  same  had 
on  said  11th  January,  1861. 

Sec.  2.  Be  it  further  enacted.  That  said  warrants  may  way  be  located 

11,11  -1  ii'i-  .  !•        "Pon  .iiiy  public 

bo  Jocatea  by  said  owners,  tneir  heirs,  executors,  admin-  lan.i  subject  to 
istrators  or  assigns,  upon  any  of  the  public  lands  of  the '"''''"''' '^"'''^'" 
State  subject  to  private  entry  according  to  the  legal 
subdivisions  thereof,  taking  said  land  at  the  price  at 
which  the  same  is  subject  to  private  entry,  and  reckon- 
ing the  warrants  at  one  dollar  and  twcnt3^-live  cents  per 
acre  for  the  number  of  acres  therein  contained,  and 
said  warrant  may  be  located  upon  separate  bodies  of '^'*y''« '"<='i'<^** 

11  •  i.      1  xi         1      1  1  J.1  ,.  "Pon  si'pi'nitc 

land,  or  in  one  body,  as  the  holder  or  owner  thereot  bodies  of  land. 
may  desire  :  Provided,  That  such  holder  or  owner  of  a-^''"''""' 
bounty  land  warrant  shall   be  required   to   take  up  or 
enter  the  full  amount  of  lands  called  for  in  his  warrant 
when  he  applies  to  locate  tlie  same  or  give  it  up  to  be 
canceled  for  any  overplus. 
Approved,  December  9,  1861. 


1861.  48 

Ko.  45.]  AN  ACT 

To  Lesralizc  Certain  Entries  of  Land. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Hep^ 

resentatives  of  the  State  of  Alabama  in  General  Assembly 

convened,  That  all  entries  of  land  which  may  have  been 

^  made  within  fifteen  miles  of  any  railroad  in  this  State 

V-         under  the  provisions  of  the  36th  section  of  an  ordinance 

in  relation  to  the  waste  and  unappropriated  lands  in  the 

State  of  Alabama,  approved  March  20th,  1861,  be  and 

the  same  are  hereby  legalized  and  made  valid. 

Approved,  December  9,  1861. 


Time  fixed  for 


No.  46.]  AN  ACT 

In  Eelation  to  Certain  Public  Lands  in  this  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Oenral  Assembly 
htn.tT&Cvi!viXo.  convened,  That  the  Central  Railroad  Company,  or  their 
to  locate  laads.  j^ggigQees  be  and  arc  hereby  required  to   locate,   select 
and  designate  the  portions  of  the  public  lands  in  this 
State  granted  to  said  companj^  by  the  government  of 
the  United  States,  within  nine  (9)  months  from  the  date 
of  the  approval  of  this  act  in  conformity  to  the  provis- 
ions of  said  grant, 
Aaer  that  time      Sec.  2.  Bc  it  further  enacted.  That  from  and  after  the 
from  markeuo  cxpiratiou  of  uiuc  (9)  mouths  from  the  date  of  the  ap- 
v=A"E'*''"'''Pi'0V''^^  of  this  act  all  lands  which  have  been  withheld 
irom  entry  and  sale  to  enable  said   company  to  make 
such  location  and  designation,  and  not  so  located,  se- 
lected and  designated,  shall  be  subject  to  entry  as  pro- 
vided by  the  29th  section  of  the  "  Ordinance  in  relation 
to  the  waste  and  unappropriated  lands  in  the  State  of 
Alabama." 

Sec.  3.  Be  it  further  enacted,  That  all  the  provisions 
of  this  act  shall  apply  to  the  North  and  South  Alabama 
Railroad,  and  to  the  lands  which  have  been  withdrawn 
from  the  market  for  the  benefit  of  said  railroad. 
Approved,  December  9,  1861. 


1861. 


49 
JSTo.  47.]  AK  ACT  " 

To  make    transcripts   from   Land-Offices  evidence  in 
Certain  Cases. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Ren- 
resentativesof  tlie  State  of  Alabama  in  General  Assemhlv 
convened,  That  transcripts  of  any  official  book,  official  transcripts  c 
nffi7'-''V?"^J'/^'''  ^°^.^"^^"t  pertaining  to  any  land- ImVvTarc^e^ 
office  in  this  State,  certiiied  by  the  Register  of  such 
Jand-office,  shall  be  received  as  prima  facie  evidence  of 
the  tacts  contained  in  such  transcripts  so  certified  in  all 
the  courts  of  this  State. 

thf  offioo  Ifoi'l^'"*' f'ri'"''^ ^'  ^'^''^  "^  transcript  from  no  transept 
tne  office    books   of  the   department  and  other  office  ^'"""' *='=<=«' 

books  of  the  United  States  given    and   obtS  sinL  ^^^c^e  fi.^^^^^^^^ 

lllV  ^^T^''T''fr^^'^^^''^^  of  Alabama  to   v^\t :  ^k^Hl^ ^r^ 
since  the  11th  day  of  January,  1861,  shall  be  received  "'^"^'■• 
in   evidence  hi   any  of  the  courts  of  this  State  durino- 
the  continuance  of  the  war  between  the  United  Statcl 
and  the  Confederate  States,  any  law  to  the  contrary  not- 
withstanding. *' 
Approved,  December  9,  1861. 


books 

iven 

Janu- 


No.  48.]  AN  ACT 

Fixing  the  time  of  the  meeting  of  the  General  Assem- 
bly of  the  State  of  Alabama. 

Sec.  1.  Be  it  enactedhythe  Senate  and  House  of  Bcpre- 

Z"'^*''fw/^'^''y  ^^"^^^'«    ,.„,    General  Assembly 
convened    Ihat  hereafter  the   sessions  of  the    General 
Assembly  shall  commence  and  be  holdcn  on  the  second 
Monday  in  November,  in  each  and  every  vear 
Approved,  December  9,  1861. 
4 


1861.  go 

:So.  49.]  AN  ACT 

To  prohibit  the  taking  of  Mileage  for  constructive 
travel  between  the  adjournment  of  the  Called  Session 
and  the  meeting  of  the  Hegular  Session  of  the  Gen- 
eral Assembly. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bcprcsentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  it  shall  not  be  lawful  for  any  member  of 
either  the  House  of  Representatives  or  Senate  to  charge 
or  receive  mileage  for  any  travel  between  the  adjourn- 
'  meut  of  this  extra  session  and  the  assembling  of  the 
two  Houses  in  regular  session  on  the  11th  day  of  No- 
vember, 1861.  Nor  shall  any  mileage  be  charged  or 
received  betw^een  the  adjournment  of  any  called  or 
regular  session  and  the  assembling  of  any  regular  or 
called  session,  when  the  interval  between  the  two  ses- 
sions shall  not  be  more  than  four  days. 
Approved,  Nov.  6,  1861. 


No.  50.]  AN  ACT 

To  change  the  time  of  the  election  of  Representatives 
from  Alabama  to    " 
States  of  America 


from  Alabama  to  the  Congress  of  the  Confederate 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Rej)resentaiwcs  of  the  State  of  Alabama  in  General  Asfiembly 
convened^  That  the  time  of  holding  the  elections  for 
Representatives  from  Alabama  to  the  Congress  of  the 
''Confederate  States  of  America,"  shall  be  on  the  first 
Monday  in  August  in  the  year  1^63,  and  on  the  same 
day  every  second  year  thereafter:  subject  to  all  the 
rules  and  regulations  now  in  force  for  the  holding  of 
such  elections. 

Approved,  December  10, 1861. 


51  1861. 

No.  51.]  AN  ACT  ' 

To  continue  the  office  of  Commissioner  and  Trustee  for 
closing  any  remaining  unsettled  business  of  the  State 
Bank  and  Branches,  and  to  provide  for  the  payment 
of  the  Foreign  debt  of  the  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  John  Whiting  be,  and  he  is  hereby  con- Joim  whiung 
tinned  in  the  office  of  Commissioner  and  Trustee,  ^q  *'''°'''""'^''' 
settle  any  remaining  business  of  the  State  Bank  and 
Branches,  and  to  provide  for  the  payment  of  the  foreign 
debt  of  the  State  and   the  interest   thereon,  with  the  , 

same  powers  heretofore  conferred   upon  him    by  law:  •"■ 

Frovidcd,  he  shall  give  bond  and  security,  as  heretofore  Proviso, 
provided  by  law,  for  the  faithful  discharge  of  his  duties  : 
And  provided  further,  That  this  act  shall  remain  in  full 
force  until  otherwise  directed  by  the  General  Assembl}'. 

Sec.  2.    And  be  it  further  enacted,  That  the  compen-compenBation. 
sation  of  said  Commissioner  shall  hereafter   be   at  the 
rate  of  one  thousand  dollars  per  annum,  instead  of  the 
salary  now  fixed  by  law. 

Approved,  December  4,  1861.  i^ 


No.  52.]  AN  ACT 


To  authorize  Executor.'?,  Administrators  and  Guardians 
to  rent  land,  and  to  amend  section  1750  of  the  Code 
of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Ahdtama  in  General  Assembly  M«y  rent  un.i. 
convened,  That  wlienever  the  estate  of  a  decea.'^ed  per- 
son, or  the  estate  of  a  per.-on  under  guardianship,  is  or 
shall  be  authorized  to  be  kept  together  for  any  specified 
time,  the  probate  court  having  jurisdiction  of  the  estate 
may,  upon  the  application  of  the  executor,  adniir)istra- 
tor  or  guardian,  authorize  him  or  her  to  rent  land  for 
the  l)enofit  of  tlie  estate:  I'rovidcd,  however,  Tliat  jtroof 
shall  first  be  made  in  the  court,  that  there  is  not  enough 
of  cleared  laud  belonging  to  the  estate  to  cultivate,  or 


1881.  62 

that  the  interest  of  the  estate  requires  that  land  should 
be  rented  for  its  use. 
Bectioni750  Sec.  2.  Be  it  further  enacted^  That   section   1750   of 

the  Code  of  Alabama  be,  and  the  same  is  hereby  amend- 
ed, by  striking  out  of  said  section  "  on  application  to 
and  an  order  from  the  court." 
Approved,  December  5,  1861. 


amended. 


No.  53.]  AK  ACT 

To  allow  compensation  to  Executors,  Administrators 
and  Guardians,  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 

JRepresentaiives  of  the  State  of  Alabama  in  General  Assembly 

Commisaions  on  coiwencd,  That  from  and  after  the  i3assaa:e  of  this  act,  on  the 

property    distn-  .'  nn  i  T         -i  i  i 

buted.  appraised  value  ot  all  personal  property  distributed  and 

on  the  amount  of  money  and  solvent  notes  distributed 
by  executors  and  administrators,  they  shall  be  allowed 
the  same  commissions  as  upon  disbursements. 

ou  final  settle-        Sec.  2.  Be  it  further  enacted,  That  upon  all  final  set- 

'°*'°  ■  tlements  by  guardians,  they  shall  be  allowed  commis- 

sions as  upon  disbursements  on  the  value  of  property, 
the  amount  of  solvent  notes,  and  the  amount  of  money 
decreed  to  be  paid  over  to  the  ward  or  to  the  succeed- 

Proviso.  ing  guardian  ;  Provided,  That  the  judge  of  probate  al- 

lowing said  commissions,  shall,  in  his  sound  discretion, 
be  of  opinion  that  the  same  are  not  unreasonable  under 
all  the  circumstances,  and  that  not  more  than  one  per 
cent,  commissions  be  allowed  on  distribution  of  proper- 
ty' in  specie,  above  the  amount  of  twenty  thousand 
dolhirs. 
Approved,  December  7.  1861. 


53  1861. 

No.  54.]  AN  ACT 

To  authorize  Executors,  Administrators,  Guardians  and 
Trustees,  to  make  loans  to  the  Confederate  States, 
and  to  purchase  and  receive  inpayment  of  debts  due 
them,  bonds  and  treasur}^  notes  of  the  Confederate 
States  or  of  the  State  of  Alabama,  and  coupons  which 
are  due  on  bonds  of  the  Confederate  States  and  of 
said  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep- 
resenialkes  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  executors,  administrators,  guardians  and  ^ay  subscribe  to 
trustees,  may  subscribe  money  or  produce  of  estates  'f>«ns. 
committed  to  them,   respectively,  to  any  loan  that  has 
heretofore  been   called  for,   or  that  shall  hereafter  be 
called  for  during  the  war  now  existing  b}'  the  Confed- 
erate States  of  America,  without  incurring  any  personal 
'responsibility  by  so  doing;  and   the  bonds  or  treasury  Bonds  or  treasu- 
notes  whijh  shall  be  received  for  such   subscriptions, '"^"°'''^'^*^*^'*' 
shall  be  assets  of  the  estates  for  which  the  subscriptions 
shall  be  made,  and  be  accounted  for  as  such. 

Sec.  2.  And  be  it  farther  enacted,  Thai  no  executor,  Not  uabie. 
administrator,  guardian  or  trustee,  shall  be  held  per- 
sonally liable  to  the  estate  or  cestui  que  trust,  respec- 
tively, on  account  of  any  subscription  of  either  money 
or  produce  heretofore  made  by  him  as  such  executor, 
administrat  "T,  guardian  or  trustee,  to  any  loan  that  has 
been  called  for  by  the  Confederate  States  ;  and  the 
bonds  or  treasury  notes  which  have  been  or  shall  be 
received  for  any  such  subscription,  shall  be  assets  of 
the  estate  for  which  the  subscription  was  made,  and 
shall  be  accounted  for  as  such. 

Sec.  3,  And  be  ii  further  enacted,  That  all  guardians,  Mnypunhaw,. 
executors,  administrators  and  trustees,  may  piHX'hase  [';|.°j,';°y'"^;;^^':*]''' 
bonds  of  the  Confederate  States,  or  of  the  State  of 
Alabama,  for  the  estates  they  respectively  represent, 
and  may  receive  in  payment  of  any  debts  due  them  as 
such,  or  due  the  estates  they  rcs[icctively  represeiit,  the 
treasury  notes  of  said  Confederate  States  and  of  said 
State  ;  the. bonds  of  said  Confederate  States  and  of  tiai<i 
State  ;  and  coupons  which  are  due  on  bonds  of  said 
Confederate  States  and  of  said  State. 

Sec.  4.  And  be  it  further  enacted.  That  all   bonds  pur- ^^^^  _,.„,,;,„, 
chased  or  received  as  aforesaid,  shall  be  credited  to  the 


1861.  64 

gaardian,  executor,    administrator   or  trustee,   at   the 

amount  actual!}-  and  bona  fide  paid  for  them,  or  at  wh'ich 

they  shall  be  bona  fide  received  in  payment ;  and  all 

To  be  reported,  bouds  SO  puTchascd  or  rcceivcd  shall  be  reported  by  the 

executor,  administrator,  guardian  or  trustee,  to  the  court 

having  jurisprudence  of  the  estate  he  represents,  within 

♦        sixty  days  after  the  purchase  or  receipt  in  payment  of 

the  same,  unless  good  cause  shall  be  shown  to  the  proper 

court  for  not  making  the   report   within  that  time,  or 

they  shall  not  be  so  credited. 

,.     ,  Sec.  5.  And  be  it  further  enacted.  That  all   laws  and 

Repealing  clause  ,         /?  i  ,       "^       •  .-,  '      •    •  r    j-V  •  <. 

parts  or  laws  contravening  the  provisions  of   this  act 
be,  and  the  same  are  hereby  pepealed. 
Approved,  November  9,  1861. 


No.  55.]  AN  ACT 

To  provide  for  publication  in  certain  cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 

sentatices  of  the  State  of  Alabama  in   General  Assembly 

May  publish  in  convencd^  That  whenever  publication  has  been  directed 

adjacent  news-     ,i  i-  i_-        ^  ^        ,\  i 

paper.  to  DC  made  in  a  particular  newspaper  by  the  order  or 

decree  of  any  probate,  chancery  or  circuit  court  of  this 
State,  and  such  publication  has  not  been  or  cannot  be 
completed  by  reason  of  the  suspension  or  discontinuance 
of  the  newspaper  in  which  publication  was  directed, 
then  and  in  that  case  it  sball  and  may  be  lawful  to  make 
publication  in  some  adjacent  or  convenient  newspaper, 
and  also  at  the  courthouse  door  of  the  county  in  which 
the  paper  wherein  publication  was  directed,  was  pub- 
lished, and  two  other  public  places  in  the  county. 
Diacretion  of  of-  ^^^*  2.  Bc  it  farther  enacted,  That  if  such  publication 
ficer.  ^vas  for  the  sale  of  property  or  the  pertorraance  of  any 

particular  duty  or  thing  at  or  within  a  certain  specified 
time,  and  the  publication  by  reason  of  the  suspension 
or  discontinuance  of  the  newspaper  in  which  publica- 
tion was  to  be  made  cannot  be  completed  by  or  within 
the  time  set,  then  it  shall  and  may  be  lawful  for  the 
sheriif,  register,  or  other  officer  or  party,  whose  duty  it 
is  to  make  publication  under  the  order  or  decree  of  the 
court,  to  give  notice  for  the  sale  or  performance  of  such 
duty  or  act,  as  required  in  any  such  order  or  decree,  at 


65  1861. 

as  early  a  day  as  practicable  after  the  completion  of 
publication  as  required  in  the  preceding  section  of  this 
act ;  and  sale  or  performance  of  any  duty  or  act  under 
and  in  obedience  to  such  publication,  sliall  be  as  valid 
and  binding  as  if  had  or  done  under  a  strict  compliance 
with  the  order  or  decree  of  the  court  as  to  publication. 
Approved,  December  9,  1861. 


No.  5G.J  AN  ACT 

To  explain  an  act,  approved  February  5th,  1856,  en- 
titled an  act  to  amend  an  act,  approved  February 
16th,  1854,  and  to  extend  the  jurisdiction  of  the 
Probate  courts  of  the  several  counties  of  this  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  true  intent  and  meaning  of  the  third  True  intent  or 
section  of  said  act  is,  that  not  only  the  sale  of  the  prop- '^®*^*"'°  ^' 
erty  therein  provided  for  shall  be  conducted  in  all  re- 
pects  as  is  done  when  property  in  the  hands  of  an  ex- 
ecutor or  administrator  is  to  be  distributed,  but  that 
the  collection  of  the  purchase  money,  the  conveyance 
of  the  title  and  all  proceedings  subsequent  to  such  sale, 
shall  be  conducted  in  like  manner. 

Sec.  2.  Be  it  further  enacted^  That  the  commissioners  commisgioncrs 
acting  under  said  statute  may    discharge  themselves  {lleLeive''8*fron 
from  all  liability  for  moneys  received  by  them  for  prop- "'*''''''-^ 
erty  sold  under  said  act,  by  paj'ing  over  the  same  into 
the  hands  of  the  Judge  of  Probate,  having  deducted 
therefrom  the  cost  and  expenses  attending  the  sale,  in- 
cluding the  same  commissions  as  executors  or  adminis- 
trators receive  for  collecting  and  disbursing,  and  such 
nett  proceeds  shall  be  distributed  by  the  said  Judge  of 
the  Probate  Court  to  the  persons  respectively  entitled. 

Approved,  November  11,  1861. 


1861- 


Register  may 
make  settle* 
ments. 


IJow  lnaBl^ 


Appeal  may 'be- 
taken. 


Fees  of  Register. 


No.  57.] 


66 
AN  ACT 


To  authorize  certain  settlements  in  zhe  Probate  Courts, 
of  this  State. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and' House  of  Rep- 
resentatives of  the  State  of  Alabama  w  General  Assembly 
convened,  That  hereafter,  whenever  any  Probate  Judge 
of  this  State  shall  be  incapacitated  undep  the  provisions 
of  section  560  of  the  Code,  from  making  the  adminis- 
tration settlements  of  any  county  adminffitrator,  it  shall 
be  lawful  for  the  Register  in  Chancery  of  the  district 
in  which  the  county  of  such  Probate  Judge  is  situated, 
to  make  said  settlements  as  if  he  were  tlie  Probate 
Judge. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Register 
shall  make  such  settlements  in  the  probate  eonrt  with- 
out the  removal  of  the  original  papers  or  records  from 
said  probate  cou^t;  and  all  orders,  decrees,  and  judg- 
laeuts  therein  made  by  said  Register,  may  be  appealed 
from,  revised  and  enforced,  as  if  they  were  the  orders, 
decrees,  or  judgment  of  said  court. 

Sec.  5.  Be  it  further  enacted,  That  said  Regi&ter  shall 
be  entitled  to  receive  for  his  services  in  making  said 
settlements,  tla-e  fees  allowed  by  law  to  the  Probate  ■ 
Judge  for  feiriiilar  services. 

Approved,  De^cember  9,  1861. 


No.  58.] 


AN  ACT 


To  enlarge- tte  jurisdiction   of  the  several  Probate 
Courts  of  this  State. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  cf  the  State  of  Alabama  in  General  Assembly 
bius^may  be%s-  coucened,  That  the  several  Probate  Courts  of  this  State 
'.ended,  ^^^  j^^^j  r^j.Q  jiereby  empowered,   on  the  application  of 

the  legal  representative,  or  representatives,  of  any  de- 
ceased person  er  estate,  to  authorize  such  representa- 
tive, or  representatives,  to  extend  the  paymcDt  of  any 
note,  bond  for  the  payment  of  money,  or  bill  of  exchange 
made  by  his,  her  or  their  testator,  testatrix,,  or  intestate 
in  his  or  hei:  bfe-time,  or  any  part  of  such  2aj.ote,, biaad o^s:  ■ 


57  1861. 


'"bill  of  excliange,  by  such  representative  or  representa- 
tives executing  his,  her  or  their  note,  bond  for  the  pay- now. 
iiieut  of  money,  or  bill  of  exchange,  in  his  or  her  repre- 
sentative capacity,  in  the  place  or  in  lieu  of  such  note, 
bond  or  bill  of  exchange  of  such  testator,  testatrix  or 
intestate  as  aforesaid. 

Sec.  2.  Be  it  further  enacted,  That  said  courts  shall  p^j^^g^g  ^f^i^e 
have  and  are  hereby  vested  with  the  povrer,  on  suchc^^^i*- 
application  as  aforesaid,  to  authorize  such  representa- 
tive, or  representatives,  to  execute  his,  her  or  their  note, 
bond  for  the  payment  of  money,  or  bill  of  exchange  in 
liquidation  of  any  account,  or  claim  founded  on  any 
contract  of  such  testator,  testatrix  or  intestate  as  afore- 
said, in  his  or  her  lite-time,  or  for  the  liquidation  of  any 
account  or  claim  made  by  such  representative,  or  rep- 
resentatives, for  goods,  wares  and  merchandise,  or  other 
articles  boug-^ht  and  used  for  the  bcneilt  of  the  estate 
represented  by  him,  her  or  them,  or  for  work  and  labor 
done  and  performed  for  the  use  of  such  estate. 

Sec.  3.  Be  it  further  enacted,  That  for  the  payment  of  Estate  and  prop- 
any  such  note,  bond  for  the  payment  of  money,  or  bill  '^''y  •"''^•^• 
of  exchange  so  executed  by  such  representative,  or  rep- 
resentatives, as  provided  for  in  the  foregoing  sections 
of  this  act,  the  estate  and  property  represented  b}^  such 
representative,  or  representatives,  shall  be  subject  and 
as  liable  in  every  respect  as  if  said  note,  bond  for  the 
payment  of  money,  or  bill  of  exchange,  were  made  and 
executed  by  his,  her,  or  their  testator,  testatrix,  or  in- 
testate, in  his  or  her  life-time;  and  such  representative, 
or  representatives,  shall  in  no  wise  be  individually  lia- 
ble for  the  payment  of  the  same. 

Approved,  December  6,  1861. 


No.  59.]  A'N  ACT 

To  define  the  Commissions  on   sales  of  Registers  in 
Chancery. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Asscmby 
convened.  That  the  commissions  on  sales  made  under 
the  decrees  of  the  Chancery  Courts,  shall  be  determined 
by  the  sound  discretion  of  the  chancellor  rendering  the 


•V 


1861^  58 

decree:  Provided,  Jioivever,  that  in  no  case  shall  such 
commissions  be  more  than  are  now  allowed  to  sheriffs 
on  sales  under  executions. 

Approved,  December  9,  1861. 


Dealing  prohibit- 


Fo.  60.]  AN"  ACT 

To  prohibit  the  dealing  in  County  Claims  by  Public 

Officers. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 

e<r  ^''  "^convened,  That  the  dealing  in  Cjunty  claims  by  any  pub- 
lic officer,  is  hereby  prohibited :  And  if  any  such  officer 
shall,  directly  or  indirectly,  by  himself,  by  his  assistants, 
deputies,  agents,  or  through  any  other  person,  purchase, 
deal  in,  or  traffic  in  any  manner  whatever  in  any  claim, 
or  claims,  debts  or  demands,  certificates  of  witnesses,  or 
jurors,  or  any  liability  whatsoever,  against  the  county 

o  .>.w  f     ■    of  which  he  is  an  officer,  he  shall  be  deemed  guilty  of 

Penalty  for  vio-       .  '..,  oi-i- 

lation.  misdemeanor,  and  on  conviction  thereoi,  by  indictment, 

shall  be  fined  for  each  offence,   not  less  than  ten,  nor 
more  than  fifty  dollars. 

Judges  to  charge     ^^^*  ^'  "^^  it  further  enacted,  That  the  Circuit  Judges. 

grand  juries,  are  hereby  required  to  give  this  act  in  charge  to  the 
grand  juries  of  the  different  counties;  and  the  Solicit- 
ors of  each  circuit  are  hereby  required  to  summons  the 
County  Treasurer  before  the  grand  juries  of  their  respec- 
tive counties,  to  give  evidence  against  any  one  for 
offences  against  this  act:  Provided,  that  nothing  con- 
tained in  this  act  shall  be  so  construed  as  to  prevent 
any  officer  from  receiving  in  good  fiiith  any  county 
claim  in  payment  of  any  debt  due  to  him. 
Approved,  November  11,  1861. 


No.  61.]  AN  ACT 

To  make  certain  Transcripts  evidence  in  the  Courts 
of  Justice. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 


59  1861. 

BepTesentatives  of  the  State  of  Alabama  in  General  Assem- 
bly convened,  That  transcripts  of  office  books  made  out  certain  trans- 
and  certified  to  by  the  proper  officers  of  the  United  States  e"P'8  evidence, 
government,   and  which  would   have  been  received  in 
evidence  in  the  courts  of  this  State,  before  the  separa- 
tion of  Alabama  from  the  United  States,  shall  have  the 
same  force  and  effect  as  evidence  in  the  courts  of  this 
State,  that  would  have  been  given  them  had  this  State 
remained  a  member  of  the  late  Union  ;  Provided,  al- 
waijs,  that  if  the  party  against  whom  such  transcript  ^a^j^^it  ,eq„ir. 
shall  be  offered  shall  make  and  file  in  said  cause  an  affi-^d. 
davit  stating  that  said  certified  transcript  is  false,  then 
the  same  shall  not  be  received  as  evidence  on  the  cer- 
tificate thereof. 

Sec.  2.  Beit  further  enacted,   That  any  person  who  penalty  for  false 
knowingly  and  wilfull}^  swears  falsely  to  the  affidavit  ^^®*"°^" 
aforesaid,  shall  be  deemed  guilty  of  perjur3\  and  subject 
to  all  the  penalties  affixed  to  said  offence. 

Approved,  November  11,  1861. 


No.  62.]  AN  ACT 

Giving  one-half  of  the  fine  to  Informants   in   certain 

cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  in  all  convictions  under  indict- 
ments for  selling,  giving,  or  delivering  vinous  or  spirit- 
uous liquors  to  slaves,  as  contained  in  section  3283  of 
the  Code,  one-half  of  the  fine  shall  be  paid  to  the  in- 
formants. 

Approved,  Dec.  10,  1861. 


No.  63.]  AN  ACT 

In  relation  to  debts  due  Alien  Enemies. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  Genercd  Assembly 
convened,  That  until   the   Legislature  shall  otherwise 


1S61.  60 

No  suit  by  or  for  P^^'^^^^^'  ^^  ^^^*  ®^'  otliou  proceeding  sliall  be  prosecuted 

an aiieh enemy,  to  juclgmeut  ill  aiiy  coui't  of  tliis  State  foi'  aiij  debt  or 

money  due  to  an  alien  enemy  of  the  Confederate  States 

of  America,  on  or  before  the  21st  day  of  May,  1861,  or 

at  any  time  since  ;  or  to  any  person  who  has  been,  is,  or 

shall  be  engaged  in  actual  hostility  to  said  Confederate 

States  ;  or  who  in  any  manner  has  given,  is  giving,  or 

shall  give  aid  and  comfort  to  the  enemy  engaged  in  war 

with  said  Confederate  States ;  nor  shall   any  execution 

-.^^^'-wj.     be  issued  upon  any  existing  judgment  or  decree  of  any 

court  of  this  State,  or  upon  any  bond  having  the  effect 

of  a  judgment  in  favor   of  any   such    alien   enemy  or 

person,   or   in  favor  of  any  party  or  person  controlling 

Noesecutionto  said    judgment,   decree    or  bond;  and  all  executions 

upon  any  such  judgment,  decree  or  bond,  now  in  the 

hands  of  any  officer  of  this  State  for   collection,    shall 

be  returned  to  the  courts  from  which  they  were  issued 

"stayed  by  operation  of  law." 

No  judgment  or      Sec.  2.  Be  U  further  enacted,  That   if  any   suit   now 

execution  for     pending  in  the  courts  of  this  State  in  favor  of  any  such 

costs  -1  • 

alien  enemy  or  person  shall  be  dismissed,  no  judgment 
shall  be  rendered,  and  no  execution  shall  be  issued, 
against  the  security  for  costs  in  any  such  suit,  if  a  citi- 
zen of  this  State,  until  the  Legislature  shall  otherwise 
provide.  And  any  such  suit  may  be  dismissed  on  mo- 
miMe^''^''*^''"''tion  or  plea  of  the  de-fenrJant  or  defendants.  Provided, 
that  this  act  shall  not  be  so  construed  as  to  authorize  a 
dismissal  of  any  suit  where  one  or  more  of  the  phxin- 
tiffs  are  resident  loyal  citizens  of  the  Confederate  States 
of  America. 
Approved,  Dec.  10,  1861. 


No.  64.]  AN  ACT 

To  authorize  the  Courts  of  County  Commissioners  to 
allow  gates  to  be  erected  across  Public  Roads  in 
certain  cases. 

Whereas,  in  some  of  the  counties  of  this  State  tira- 
Preambie.         bcr  for  fencing  purposes  has  become  scarce  and  difficult 
to  obtain,  and  in  consequence  thereof  many  cultivators 
of  the  soil  are  subjected  to  heavy  expense  and  incon- 
venience, in  being  compelled  to  keep  up  lane  fences, 


61  1861. 

«  — ' 

Sec.  1.  Be  it  therefore  enacted  hy  the  Senate  and  House 
of  Representatives  of  the  State  of  Alabama  in  General  As- 
eemhly  convened,  That  the   several  Courts  of  County  Power  given  to 
Commissioners  in   this   State  be,  and  they  are  hereby  ^"'"''"^''"'■'• 
empowered  to  authorize  gates  to  be  erected  across  any 
public    road,  ijrovided,  the  same  be  done  at  such  place  Proviso, 
or  places,  and  upon  such  terms,  and   under  conditions 
and  restrictions  as  shall  produce  the  least  possible  in- 
iury  to  the  public. 

Approved,  December  8,  1861. 


No.  06.]  AN  ACT 

To  prevent  the  commission  of  certain  trespasses. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  oi  Alabama  in  Genera'  Assembly  Trees  on  land. 
convened,  That  if  any  person  shall  cut  down,  deaden, 
girdle  or  destroy,  or  take  awaj'  if  already  cut  down  or 
fallen,  any  cypress,  pecan,  oak,  pine,  cedar,  poplar, 
walnut,  hickory,  or  cherry  tree,  or  sapling,  on  land  not 
hia  own,  wilfully  and  knowingly  without  the  consent  of 
the  owner  of  the  land,  he  shall  pay  to  the  owner  of^^^^j^, 
such  tree  or  sapling  ten  dollars  for  every  such  tree  or 
sapling  so  cut  down,  deadened,  girdled,  destroyed,  or 
taken  away,  and  for  every  other  tree  or  sapling  not 
herein  described,  so  cut  down,  deadened,  girdled,  destro}^- 
ed,  or  taken  awa}',  the  sum  of  five  dollars  each,  shall 
be  paid.  And  the  party  injured  may  recover  for  such 
trespass,  before  a  justice  of  the  peace  if  the  amount 
claimed  be  within  his  jurisdiction ;  if  not,  then  before 
the  circuit  court. 

Sec.  2.  Be  it  further  enacted.  That  if  any  person  shall  on  lan.i  enclosed 
cut  down,  dig  up,  girdle,  destroy,  or  mutilate  any  fruit 
tree  or  ornamental  tree,  shrub,  bush  or  plant,  which  is 
enclosed,  on  premises  not  his  own,  wilfully  and  know- 
ingly without  the  consent  of  the  owner,  the  person  so 
offending  shall  pay  to  the  owner  -of  such  fruit  tree,  or- penauy. 
namental  tree,  shrub,  bush  or  plant,  fifteen  dollars  for 
every  such  tree,  shruli,  bush  or  plant,  so  cut  down,  dug 
up,  girdled,  destroyed,  or  mutilated  which  the  owner 
may  recover  before  any  court  of  competent  jurisdic- 
tion. 


1S61. 


62 


About  water- 
crafla. 


Penalty. 


Action  to  be 
brought  within 
one  year. 


Exception. 


Sec.  3.  Be  it  further  enacted,  That  if  any  person  shall 
without  leave  of  the  owner,  sink,  take  away,  or  destroy 
anj^  canoe  or  other  boat  or  water  craft,  he  shall  pay  to 
the  owner  thereof,  double  the  value  thereof,  if  destroyed, 
or  if  taken  away,  or  loosed  and  not  returned  in  as  good 
condition  as  when  taken  away  or  loosed  ;  and  if  loosed, 
sunk,  or  taken  away,  and  returned  in  the  condition 
aforesaid,  he  shall  pay  to  the  owner,  the  sum  of  twenty- 
five  dollars,  and  the  expense  of  putting  it  in  such  con- 
dition ;  which  penalties  and  expenses  may  be  recovered 
before  any  court  of  competent  juinsdiction. 

Sec.  4.  Be  it  further  enacted,  That  every  action  for 
the  specific  penalties  given  by  this  act,  shall  be  prose- 
cuted within  one  year  from  the  time  the  injury  was 
committed  and  not  after;  and  nothing  herein  contained, 
nor  the  recovery  of  any  penalty  hereby  given,  shall  be 
a  bar  to  any  action  for  further  damages,  or  to  any  crim- 
inal proceeding  for  any  ofi'ence  included  in  or  connected 
with  the  acts  for  which  the  aforesaid  penalties  are  im" 
posed. 

Sec.  5.  And  he  it  further  enacted,  That  the  provisions 
of  this  act  shall  not  apply  in  any  case  where  any  of  the 
acts  for  which  the  aforesaid  penalties  are  giveUj  shall  be 
committed  for  military  purposes. 

Approved,  December  9,  1861. 


No.  m.]  AN  ACT 

In  relation  to  Appeals. 

Sec.  1.  Be  it  enacted  hytlie  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  any  order  of  any  Chancellor,  ap- 

Appcal  from  the        •     .  •       '  .  ^  ,     r  -,''■,  ^  '     i 

order  of  a  oiiau-  pointing  a  receiver,  heretofore  made,  or  hereafter  made, 
''^'""■-  an  appeal  to  the  supreme  court   may  be  taken  by   any 

defendant  in  the  suit,  in  which  such  order  was,  oV  may 
be  made,  on  his  entering  into  bond,  with  good  security, 
'•%  in  such  penalty  as  may  be  prescribed  by  the  Chancellor, 
or  by  the  Register,  payable  to  the  complainant,  condi- 
tioned, that  the  defendant  taking  the  appeal,  shall  pay 
the  complainant  all  such  costs  and  damages,  as  he  may 
sustain  by  the  wrongful  taking  of  the  appeal,  if  the  ap- 
peal is  not  prosecuted  to  eftect;  which  bond   maybe 


63  1801. 

approved  by  ^Register  or  Chancellor,  and  when  so  ap- 
proved, shall  operate  as  a  supersedeas  of  the  order  ap- 
pointiug  the  receiver,  until  the  supreme  court  shall 
decide  upon  the  appeal,  and  determine  whether  or  not 
there  shall  be  a  receiver  in  the  case ;  every  such  appeal 
must  be  heard  at  the  term  of  the  supreme  court  to 
which  it  is  taken. 

Approved,  November  8,  1861. 


No.  67.]  AN  ACT 

To  renew  and  extend  the  time  of  payment  of  certain 
State  Bonds  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  liepre' 
seniaiives  of  the  State  of  Alabama  in  General  Assembly 
convoied,  That  the  Governor  of  the  State  of  Alabama, 
the  State  Treasurer,  and  the  Comptroller  of  Public  Ac- state  bonds  maj 
counts  be,  and  they  are  hereby  authorized  to  issue  State  fendThlrs!  " 
Bonds,  to  be  substituted  for  the  extension  of  the  State 
Bonds  heretofore  issued  by  the  State,  payable  in  the 
year  1863,  which  bonds  to  be  issued  and  substituted  as 
aforesaid,  shall  be  payable  at  any  time  not  beyond  the 
first  day  of  May,  1883,  renewable  at  the  pleasure  of  the 
State. 

Sec.  2,  Be  it  further  enacted,  That  the  bonds  to  be  Made  payable  to 
issued  as  aforesaid,  shall  be  made  payable  to  the  Com-  er andxTuetie? 
missioner  and  Trustee  to  regulate  the  affairs  of  the 
State  Bank  and  Branches,  and  shall  be  transferred  by 
him  to  the  holders  of  the  State  Bonds,  due  in  1863  as 
aforesaid,  in  lieu  of  the  bonds  maturing  in  that  year, 
the  interest  thereon  to  be  paid  at  such  place  or  places, 
as  the  said  Commissioner  and  Trustee  and  the  holders 
of  said  bonds  may  agree. 

Sec.  3,  Be  it  further  enacted,  That   the  said  Commis-  commissiouer  to 
sioner  and  Trustee  be,  and  he  is  hereby  authorized  and  "8°  <^^"P"°'- 
required,  to  prepare  and  sign  the  necessary  coupons  for 
the  extension  of  said  bonds  due  in  1868. 

Approved,  November  11, 1861. 


1S61. 


actums,  when 
and  how  made. 


64 

'Ko.  68.]  AN  ACT 

To  regulate  election  returns  in  this  State. 

Sec.  1.  Be  it  enacted  hij  the  Senate  and  House  of  Repre* 
santatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  when  an  election  is  held  in  any  of  the 
counties  of  this  State,  the  returns  of  which  are  required 
by  law  to  be  made  to  the  seat  of  Government,  it  shall 
be  the  duty  of  the  sheriff  of  such  counties  within  three 
days  after  the  estimate  of  the  county  vote,  to  make  a 
return  of  the  same  bj'  mail  to  the  proper  officer  at  the 
seat  of  Government,  and  must  also  deposit  with  the 
judge  of  probate  of  such  county,  a  certified  copy  of 
said  return,  and  a  certified  copy  of  such  return  made 
by  such  probate  judge,  shall  be  proof  of  such  election, 
in  the  event  of  the  loss  of  the  first  so  mailed  as  afore- 
said. 

Approved,  December  4,  1861. 


Power  of  Pro- 
bate Courts. 


Ko.  69.]  AN  ACT 

To  authorize  a  reference  to  arbitration  in  certain  cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  in  the  settlement  of  the  estates  of  de- 
ceased persons,  wdieu  said  estates  are  free  from  debt, 
the  probate  courts  of  this  State  in  which  such  settle- 
ments may  be  pending  shall  have  the  power  and  au- 
thority to  refer  all  matters  of  controversy  arising  in 
said  settlements  to  arbitration,  if,  in  the  opinion  of  said 
court,  the  interests  of  the  parties  can  be  best  subserved 
thereby,  and  the  parties  or  their  attorneys  consent 
thereto. 
Guardian  of  an  Sec.  2.  Be  it  further  enacted,  That  if  any  of  the  par- 
infanttownsent^^gg  ji^^gj-eg^gj  "in  such  estate  shall  be  an  infant,  the 
guardian  of  such  infant  shall  have  authority  to  consent 
to  the  reference  to  arbitration,  which  consent  shall  be 
in  writing,  and  when  so  given,  it  shall  be  binding  on 
"  said  infant  as  fully  and  effectually  as  if  said  infant  was 
of  full  age. 

Sec.  3.  Be  it  further  enacted^   That   the  arbitrators 


■■^^ 


65  1861. 

X. 


shall  not  exceed  three  in  number,  shall  be  entirely  dis- Number  or  arbi- 
interested,  and  shall  be  appointed  by  order  of  the  said  "■'"°''''- 
probate  court. 

Sec.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty  Award  to  be 
of  said  arbitrators' to  make  their  award  in  writing,  and  °*''''<^'°'^"''"s- 
within  ten  days  after  making  the  same  they  shall  re- 
turn it  to  said  court,  and  if  approved  by  the  court,  it    • 
shall  be  entered  of  record  and  shall  be  final  and  con- 
clusive upon  all  the  parties. 

Sec.  5.  Be  it  further  enacted,  That  if  the  said  award  i„  ^g^tain  cases 
or  any  part  thereof  shall -be  for  the  payment  of  money  *".'"}'^^"  effector 

fill  1  1  11  11  ji"     a  judgment. 

it  shall,  when  approved  and  entered  ot  record,  have  the  •' 
force  and  effect  of  a  judgment  at  law  in  favor  of  the 
person  to  whom  the  money  may  be  awarded,  and  execu- 
tion may  issue  thereon  as  in  other  cases. 

Sec.  6.  Be  it  further  enacted,  That  if  said  award  shall  if  disapproved 
not  be  approved  by  the  court,  it  shall  be  set  aside,  and  ''y  *^°"*'' ">^a'"^- 
the  court  may  refer  the  matters  again  to  the  same  or  to 
other  arbitrators. 

Sec.  7.  Be  it  further  enacted.  That  any  of  the  said  objections  shaii 
parties  shall  within  ten  days  after  said  award  shall ^be*"^"''"*^' 
returned  to  the  said  court,  file  objections  to  the  same, 
and  if  objections  are  filed,  the  court  shall  appoint  a  day 
not  less  than  thirty  days  from  the  filing  of  such  objec- 
tions to  hear  and  determine  the  same,  notice  of  which 
shall  be  given  as  now  required  bylaw  in  cases  of  appli- 
cation for  final  settlements  of  the  estates  of  deceased 
persons  by  executors  and  administrators. 

Sec  7.  Be  it  further  enacted,    That   sections    2712,  certain  sections 
2713,2715,2716,  2717,  2718,  2710,  2720  and  2723  ofM.'""'""" 
th^  Code  of  Alabama  be,  and  the  same  are  hereby  made 
a  part  of  this  act. 

Approved,  December  10,  1861. 


No.  70.]  AN  ACT 

To  revive  and  renew  an  Act  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 

resentativea  of  the  State  of  Alabama  in  General  Assembly 

convened,  That  from  and  after  the  passage  of  this  act, 

the  act,  entitled  an  act  to  renew  au  act  to  extend  the 

5 


1861.  66 


debts  due  the  sixteenth  sections,  approved  February 
24th,  1860,  be,  and  the  same  is  hereby  revived  and  ex- 
tended for  the  term  of  two  years  from  and  after  the 
first  day  of  March,  1862. 
Approved,  December  7, 1861. 


No.  71.]  AN  ACT 

To  authorize  the  Comptroller  to  draw  his  warrant  on 
the  Treasurer  in  favor  of  Tax  Collectors  in  certain 
cases,  and  for  other  purposes. 

Sec.  1,  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
^anu7oTove?-    cojivencd,  That  the  Comptroller  of  Public  Accounts  be, 
payment.  r^j^^j  l^g  jg  j^ereby  authorized,  to  draw  his  warrant  on  the 

State  Treasurer,  in  favor  of  any  tax  collector  for  such 
an  amount  of  the  tax  as  may  have  been,  or  may  here- 
after be,  overpaid  by  said  collector  in  the  treasury  of 
the  State. 
To  allow  insoi  Sec,  2.  Be  it  further  enacted,  That  whenever  any  re* 
turn  of  insolvencies  properly  certified  and  authenticated 
be  niade  within  the  fiscal  year,  and  before  the  final  settle- 
ments of  any  tax  collector's  account,  the  Comptroller 
of  Public  accounts  may  allow  said  returns. 
Approved,  December  3,  1861. 


vencios. 


No.  72.]  AN  ACT 

To  amend  the  law  upon  the  subject  of  Town  Corpo- 
rations. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Hepr 
resentatives  of  the  State  of  Mdbama  in  General  Assemlily 
converted,  That  Intendants  or  Mayors  of  town  corpora- 
tions, incorporated  under  title  14,  part  1,  chapter  1  of  the 
Code,  or  incorporated  previous  thereto,  shall  exercise 
the  powers  and  authority  of  justices  of  the  peace,  in  all 
matters,  civil  and  criminal,  arising  within  the  precincts 
of  their  respective  corporations. 

Approved,  December  3,  1861. 


prose- 


er  1861. 

No.  73.]  AN  ACT 

To  abolish  a  certain  Rule  of  the  Common  Law. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentutives  of  the  State  of  Alabama  in  General  Assembly  um^  abolish  d 
convened,  That  the  common  law  rule  as  recognized  by 
the  decisions  of  the  Supreme  Court  of  this  State,  that 
a  eivil  action  will  not  lie  for  an  iujury  amountino;  to  a 
felony,  until  after  a  criminal  prosecution  for  the  offense, 
be,  and  the  same  is  hereby  abolished. 

Sec.  2.  Be  it  further  enacted,  That  for   any   injury,  Action  for  injury 
either  to  the  person  or  property  of  another,  amounting  "^''ji^'f^^®''^**'"' 
either  in  fact,  or  prima  facie,  to  a  felony,  an  action  may  cuHon. 
be  maintained  by  the  part}^  injured  before  any  prosecu- 
tion of  the  oftcnder,  in  the  same  manner  as  if  the  offense 
were  a  misdemeanor  or  a  trespass  only. 

Approved,  December  &,  1861. 


No.  74.]  AN  ACT 

To  amend  Section  Four  of  an  Act  entitled  an  Act 
"to  exempt  from  sale  under  any  Legal  Process  all 
necessary  wearing  apparel  for  the  use  of  each 
family  in  this  State,"  Approved  Feb.  18,  1854,  and 
for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  llep- 
resentafiues  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  four  of  the  act  entitled  an  acttoed. 
exempt  from  sale  under  any  legal  process  all  necessary 
wea'ring  apparel  for  the  use  of  each  fixmily  in  this  State, 
approved  Feb.  18',  1854,  be,  and  the  same  is  hereby 
amended  as  follows:  Strike  out  the  words  "the  amount 
of  fitteen  dollars  per  month  "  in  the  fifth  line  of  said 
section,  and  insert  in  lieu  thereof  the  following:  "  An 
amount  equal  to  one-half  of  such  wages  in  no  case  to 
be  less  than  twenty-five  dollars  per  month." 

Sec.  2.  And  be   it  further  enacted,  That   hereafter   it 
shall  not  be  lawful  for  the  wages  or  hire  of  any  head  of  ^*f^?^t^"r'  ■'^' 
a  family  in  this  State,  not  having  property  liable  to  levy 
and    sale  under   execution,   to  be  defeated  or  abated 
by  any  set-off  of  a  money   demand,    acquired    by   the 


1861. 


68 


person  contracting  to  pay  such  wages,  by  assessment  or 
transfer,  unless  the  parties  otherwise  agree  in  writing. 
Approved,  December  9,  1861. 


1^0.  75.]  AN  ACT 

Making  resistance  to  a  City  Officer  a  misdemeanor. 

» 

Sec.  1.  Be  it  enacted  hj  the  Senate  and  House  of  Eep- 
rcsentatives  of  tlie  State  of  Alabama  in  Genei^al  Assembly 
convened,  That  any  person  who  knowing!}^  and  wilfully 
opposes  or  resists  any  city  officer  in  the  legal  discharge 
of  his  duties,  shall,  on  conviction,  be  fined  not  less  than 
ten  or  more  than  one  hundred  dollars,  and  may  be  im- 
prisoned not  exceeding  six  months. 

Sec.  2.  And  he  it  further  enacted,  In  indictments  under 
this  act,  it  shall  be  sufficient  to  charge  that  the  defend- 
ant did  knowingly  and  wilfully  oppose  or  resist  such 
officer,  in  the  legal  discharge  of  his  duties,  without 
specifying  in  what  such  duties  consists. 

Approved,  December  10,  1861. 


No.  76.]  AN  ACT 

To  authorize  the  establishnaent  of  Private  Roads. 

Sec,  1.  Be  it  enacted  by  the  Senate  arid  House  of  Bep' 
rcsentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Private  Roads  may  be  established  by 
the  court  of  county  commissioners,  on  the  application 
of  any  person  ;  such  roads  not  to  exceed  fifteen  feet  in 
width,  and  to  be  opened  and  kept  in  repair  by  the  per- 
son on  whose  application  they  are  established,  without 
exemption  on  public  roads. 

Sec.  2.  Be  it  further  enacted.  That  in  establishing  a 
regard' to'^pubi'ic  private  road,  the  same  rules  must  be  observed,  and  the 
'*°'^'^*"  same  proceedings  had  as  in  the  case  of  public  roads ; 

but  no  road  must  be  opened  through  any  person's  yard, 
garden,  orchard,  stable,  lot,  gin-house  or  curtilage, 
without  his  consent ;  and  the  applicant  must  pay  the 
owner  of  the  land  over  which  such  road  passes,  all  dam- 


Same  rules  aa  in 


69  1861. 


ages  resulting  thereto  from  the  establishment  of  such 
road,  to  be  assessed  as  in  the  case  of  public  roads. 
Approved,  December  10,  1861. 


E"o.  77.]  AN  ACT 

To  require  parties  to  civil   actions    to   give  bond  for 
costs  in  certain  cases. 

Sec.  1.  Be  it  enacted  by  the  Senate  aud  House  of  Rep- 
resentatlves  of  the  State  (f  Alabama  in  General  Assembly 
convened,  That  section  2359  of  the  Code  be  so  amended 
as  to  authorize  the  presiding  judge  on  application  for 
change  of  venue  in  civil  cases  to  require  the  applicant 
to  give  bond  and  security  for  costs  whenever  iu  his 
judgment  it  will  best  secure  the  ends  of  justice  to  all 
parties  concerned. 

Approved,  December  10,  1861. 


No.  78.]  AN  ACT 

To  amend  an  Act  entitled  an  Act  to  provide  for  print- 
ing the  Reports  of  the  Comptroller  of  Public  Ac- 
counts, State  Treasurer,  and  Inspectors  of  the  Peni- 
tentiary,  approved  Feb.  3,  1858. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep. 
resentative.s  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  said  act  be  so  amended  as  to  author- 
ize the  printing  of  three  thousand  copies  of  the  report 
of  the  Comptroller  of  Public  Accounts. 

Approved,  November  9,  1361.  * 


1861.  70 

No.  79.]  AN  ACT 

To  pay  for  the  hire  of  servants  for  the  General  Assem- 
bly during  the  extra  and  present  session. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre' 
sentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  Secretary  of  State  be  allowed  the 
sum  of  one  hundred  and  forty-three  dollars,  to  pay  for- 
servant  hire  during  the  extra  and  present  regular  ses- 
sion of  the  General  Assembly;  and  that  the  Comptrol- 
ler of  Public  Accounts  is  hereby  authorized  and  required 
to  draw  his  warrant  on  the  State  Treasurer  for  the  above 
amount  in  favor  of  the  Secretary  of  State,  to  be  paid 
out  of  any  moneys  in  the  treasury  not  otherwise  appro- 
priated. 

Approved,  Dec.  9,  1861. 


No.  80.]  AN  ACT 

le   manufacture 
Cards  in  this  State. 


To   encourage   the   manufacture  of  Cotton  and  Wool 


Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
B.  nusc-  Bepresentatives  of  the  State  of  Adabama  in  General  Assembly 

convened,  That  from  and  after  the  passage  of  this  act 
there  shall  be  a  bonus  paid  .out  of  any  money  in  the 
treasury,  not  otherwise  appropriated,  of  ten  cents  per 
pair  on  all  cotton  cards  of  good  quality,  of  the  fineness 
of  No.  (10)  ten  ;  on  all  cotton  cards  No.  (8)  eight,  of 
good  quality,  there  shall  be  a  bonus  of  eight  cents;  and 
on  wool  cards  No.  (6)  six,  of  good  quality,  a  bonus  of 
six  cents  per  pair;  said  cards  to  be  manufactured  in  the 
State  of  Alabama. 

Sec.  2.  Be  it  further  enacted,  That  whenever  the  man- 
ofaor.'°"''^^''^' ufacturer  of  said  cards  in  the  State  of  Alabama  shall 
make  good  and  sufficient  proof  to  the  Governor  of  the 
number  and  kind  of  cards  manufactured  by  him,  the 
Governor  shall  draw  his  warrant  on  the  Treasurer  for 
such  an  amount  in  favor  of  said  manufacturer  as  he 
may  be   entitled    by  the   first  section  of  this  act,  said 


11  1861. 

act  to  continue  in  force  for  two  years  after  the  passage 
of  this  act. 
Approved,  Dec.  4,  1861. 


No.  81.]  AN"  ACT 

To   change  the  time  of  taking  up  the  State  Dockets. 

Section  1.  Be  it  enacted  by  the  Senate  and  Hoiise  of 
Hepreseniafives  of  the  State  ofAlabayna  in  General  Assembly 
convened.  That  until  the  ratification  of  a  treaty  of  peace 
between  the  Confederate  States  and  the  United  States, 
the  criminal  dockets  of  all  the  circuit  courts  of  this 
State  shall  be  set  for  and  taken  up  on  the  second  day  of 
the  term  of  said  courts  respectively :  and  subpoenas  and 
other  processes  shall  be  returnable,  and  cases  both  civil 
and  criminal  shall  be  set  accordingly. 

Approved,  December  5,  1861. 


No.  82.]  AN  ACT 

To  require  the  Secretary  of  State  to  procure  for  the 
State  Library  the  Acts  of  the  Legislatures  of  the 
several    Confederate  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  cf  Alabama  in  General  Assembly 
convened,  That  hereafter  it  shall  be  the  duty  of  the  Sec- 
retar}'  of  State  to  transmit  to  the  executive  of  each  of 
the  Confederate  States,  a  copy  of  the  Acts  passed  at 
each  session  of  the  General  Assembly  of  Alabama,  with 
a  request  that  in  return  each  of  said  States  would  trans- 
mit a  copy  of  its  Acts  to  the  Secretary  of  State  of  Ala- 
bama, and  when  received  said  Acts  must  be  placed  iu 
the  State  Library. 

Approved,  December  9,  1861. 


1861.  •  12 

No.  83.]  AN  ACT 

To  abolish  the  office  of  Auditor  of  the  Treasury  of  the 
State  created  by  the  third  section  of  "  an  act  making 
appropriations  for  the  Military  Defense  of  the  State," 
approved  February  6,  1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Honse  of  JRepre- 
sentatives  of  the   State  of  Alabama  in  General  Assembly 
Office  abolished  convened,  That  the  office  of  Auditor  of  the  Treasury  of 
con  1  lona  y.     ^|^^  State  crcatcd  by  the  above  rec-ited  act,  be  and  the 
same  is  hereby  abolished,  if  in  the  opinion  of  the  Gov- 
ernor the  said  office  is  no  longer  necessary,  and  that  the 
duties  now  imposed  by  law  on  that  officer,  be  hereafter 
performed   by   the    Comptroller  of  Public   Accounts, 
without  any  increase  of  compensation  therefor. 
Duties  transfer-      Sec.  2.  Bc  it  further  snacted,  That  no  part  of  the  said 
[er^s  085^6°"'"^°^"  act  making  appropriations  for  the  military  defense  of 
the  State,  shall  be  repealed  by  this  act  except  so  far  as 
the   change   abolishing   the   office  of  Auditor  of  the 
Treasury  and  the  transfer  of  the  duties  of  the  office  to 
the  office  of  Comptroller  of  Public  Accounts. 
Additional  Clerk      ^^^^  ^'  ^^  ^'  fuvthcr  cnacted,  That  the  Governor,  if  in 
his  opinion  the  same  shall  be  necessary,  may  authorize 
the  Comptroller  of  Public  Accounts  to  employ  an  ad- 
ditional clerk  at  a  compensation  not  to  exceed  seven 
hundred  and  fifty  dollars  per  annum,  or  at  that  rate  for 
the  time  the  services  of  such  clerk  may  be  required  and 
necessary  for  the  public  service. 
Approved,  December  10,  1861. 


No.  84.]  AN  ACT 

To  transfer  the  unexpended  balance  of  appropriations 
for  the  relief  of  the  Deaf  and  Dumb,  remaining  in 
the  hands  of  the  State  Superintendent  of  Education, 
under  an  act  entitled  "an  act  for  the  relief  of  the 
Deaf  and  Dumb,"  approved  February  4th,  1858,  to  the 

■     Alabama  Institution  for  the  Deaf  and  Dumb. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Honse  of  Mepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  unexpended  balances  of  appropria- 


*3 

tions  for  the  relief  of  the  deaf  and  dumb,  under  the  act  en- 
titled "an  act  for  the  relief  of  the  deaf  and  dumb," 
approved  February  4th,  1858,  and  the  several  acts  there- 
in referred  to,  be  and  the  same  is  hereby  transferred  to 
the  Alabama  Institution  for  the  deaf  and  dumb,  to  be 
applied  for  the  use  and  benefit  of  said  institution,  as 
other  funds  belonging  thereto,  under  the  direction  of 
its  board  of  commissioners. 
Approved,  December  9,  1861. 


1861. 


No.  85.]  AN  ACT 

To  exempt  from  Military  duty  all  persons  emploj^ed  by 
Horace  Ware  in  manufacturing  Iron,  and  all  other 
persons  similarly  engaged. 

Sec.  1.  Be  it  enacted  hij  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  persons  in  the  employ  of  Horace  Exemption. 
Ware,  iu  the  county  of  Shelby,  in  manufacturing  iron, 
be  and  the}'  are  hereby  exempt  from  military  duty,  so 
long  as  the  existing  war  between  the  United  States  and 
the  Confederate  States  shall  continue. 

Sec.  2.  Be  it  further  enacted,  That  the   provisions  of  Extended  to  oth- 
this  act  be  extended  to  Wright  and  Eice,  of  Lauderdale  ^'■s- 
county,  manufacturers  of  cannon  and  shell  for  the  Con- 
federate Government,  and  that  all  similar  manufacturers 
enjoy  the  same  privileges. 

Sec.  3.  Be  it  further  enacted.  That  the  provisions  of  ^""""ler  extena- 
this  act  shall  enure  to  the  benefit  of  all  persons  employed 
in  the  manufactory  of  arms,  munitions  of  war,  cloth- 
ing, or  materials  for  clothing,  for  the  use  of  Alabama 
volunteers :  Provided,  That  the  privileges  granted  by 
this  act  shall  not  extend  beyond  the  termination  of  the 
present  war. 

Approved,  December  9,  1861. 


1861.  •  14 

1^0.  86.]  AN  ACT 

To  relieve  certaia  Volunteers  and   Soldiers  from  ac- 
counting for  Clothing. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatwes  of  the  State  of  Alabama  in  G-eneral  Assembly 
convened,  That  every  soldier,  volunteer,  or  officer,  who 
was  in  the  militar}-  service  of  the  State,  and  was  trans- 
ferred to  the  service  of  the  Confederate  States,  be  and 
is  hereby  relieved  and  released  from  accounting  for  the 
amobnt  of  the  clothing  furnished  by  this  State  or  re- 
ceived from  this  State,  before  such  transfer  occurred. 

Approved,  December  9,  1861. 


No.  87.]  AN  ACT 

For  the  relief  of  indigent  families  of  volunteers  in  the 
several  counties  of  this  State. 

Section  1.  J3e  it  enacted  hy  the  Senate  and  House  of 
Represe^itatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
the  court  of  county  commissioners  for  any  county  in 
this  State,  be  and  is  hereby  authorized  to  appropriate 
such  portion  of  money  now  in  the  county  treasury,  or 
that  may  be  derived  from  the  county  tax,  as  the  said 
court  may  deem  sufficient  for  the  support  of  the  indi- 
gent families  of  volunteers  now  engaged  in  the  defense 
of  our  country. 

Approved,  November  29, 1861. 


No.  88.]  AN  ACT 

Making  an  appropriation  for  the  pay  of  members,  offi- 
cers, clerks,  and  messengers  of  the  General  Assem- 
bly at  the  present  extra  session,  and  at  the  regular 
session  thereof,  commencing  on  the  2nd  Monday  of 
November,  1861, 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Mep- 


75  1861. 

rese?itativ€s  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  fifty  thousaiid'dollars,  or  so 
much  thereof  as  shall  be  necessary,  be  and  the  same  is 
hereby  appropriated  for  the  payment  of  the  members, 
officers,  clerks,  and  messengers  of  the  General  Assem- 
bly at  the  present  extra  session,  and  at  the  regular  ses- 
sion thereof,  commencing  on  the  second  Monday  of 
JS'ovcinber,  1861,  out  of  any  money  in  the  treasury  not 
otherwise  appropriated. 

Approved,  November  8,  1861. 


No.  80.]  AN  ACT 

To  encourage  the  manufacture  of  fire  arms  and  muni- 
tions of  war  in  this  State. 

Section  1.  JBe  it  enacted  by  the  Senate  and  House  of 
Hepresentafives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars,  out  of  any  money  in  the  treasury  not  S^" ''^^'^' 
otherwise  appropriated,  be,  and  the  same  is  herebj^  ap- 
propriated and  placed  under  the  control  of  the  Gov- 
ernor, ai^d  subject  to  his  warrant,  for  the  purposes 
hereinafter  specified. 

Sec.  2.  Be  it  further  enacted,  That  if  any  individual  or  Governor  to 
company  shall  hereafter  propose  to  manufacture  fire  n^-'^e  advances, 
arms. in  this  State,  the  Governor  is  hereb}^  authorized 
to  advance  to  such  individual  or  company  such  portion 
of  said  sum  as  he  may  deem   advisable,  and  may  take 
security  for  the  return  of  said  sum  so  advanced,  or  may 
contract  with  said  individual  or  company  to  receive  of 
them  in  lieu  of  said  sum  advanced, /re  arms  to  be  manu- 
factured by  them,  of  such  kind,  quality  and  description  Rond  or  security 
as  he  may  designate  and  approve  of;  in  all  tascs  taking '"'^c given, 
from  such  individual,  or  company,  bond  with  approved 
securit}'  for  the  faithful  performance  of  their  contract. 

Sec.  3.  Be  it  further  enacted,  That  in  like  manner,  andFuniicr  sum  of 
under  the  same  restrictions,  the  further  sum  of  fifty  Jri"aC''''''^°' 
thousand  dollars  is  hercl»y  appropriated  to  encourage 
the  manufacture  and  preparation  of  powder,  saltpetre, 
sulphur  and  lead. 

Approved,  December  7, 1861. 


i 


I8G1.  ^  T6 

No.  90.]  AN  ACT 

To  acQend  the  14tli  sectiou  of  an  act  to  establish  a  Hos- 
pital for  Insane  persons  in  Alabama. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bepre- 
sentaiives  of  the  State  of  Alabama  in    General  Assembly 

Insane  convicts,  cojivcncd,  That  where  any  person  is  imprisoned  in  the 
penitentiary  of  this  State,  under  a  sentence  of  a  circuit 
court,  and  is  insane  at  the  expiration  of  his  or  her  term 
of  imprisonment,  it  shall  be  the  duty  of  the  lessee  to 

outyofiessee.  ^q^q^i  the  Same  to  the  Governor,  whose  duty  it  shall  be 
to  cause  an  examination  to  be  made  of  the  extent  and 
character  of  such  insanity ;  and  if  upon  such  investiga- 
tion it  be  found  that  such  person  is  a  proper  subject  for 
confiuement  in  the  hospital  for  insane  persons,  he  shall 

deTconvi'cuo^n-  oi'^^r  him  or  her  to  be  removed  from  the  penitentiary 

sane  hospital,  to  the  liospital ;  and  if  such  person  be  in  indigent  cir- 
cumstances, and  had  no  known  place  of  residence  pre- 
vious to  his  or  her  confinement  in  the  penitentiary,  the 
expenses  of  keeping  such  person  shall  be  paid  by  the 
State. 
Approved,  December  4,  1861. 


No.  91.]  AN  ACT 

To  provide  for  paying  for  the  Indexing  of  the  manu- 
script Acts  of  the  General  Assembly. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Mepre- 
sentatives  of  the  State  of  Alabama  in,  General  Assembly 
P^y 'jiP^K." convened,  that  the  sum  of  fifty-two  dollars  and  sixty- 
three  cents  be  and  the  same  is  hereby  appropriated  to 
compensate  M.  P.  Blue  for  making  and  completing  in- 
dexes to  the  original  manuscript  acts  of  the  Gener 
Assembly,  held  in  1859-60,  and  in  1861,  as  required  by 
the  act  of  25th  January,  1858,  "to  provide  for  binding 
the  manuscript  acts  of  the  legislature,"  and  that  the 
Comptroller  of  Public  Accounts  issue  his  warrant  there- 
for on  the  State  Treasurer,  to  be  paid  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated. 

Sec.  2.  Be  it  further  enacted,  That  hereafter  upon  the 


11  ■     18G1. 

presentation  to  the.  Comptroller  of  Public  Accounts  oi^^^^  ^^^  ^^^^^ 
thg  certificate  of  the  Secretary  of  State  of  the  faithful  after  upon  certi- 
execution  of  the  indexing  of  the  manuscript  acts  of  the  ryy  state"*  ** 
present  or  any  subsequent  General  Assembly,  the  Comp- 
troller shall  issue  his  warrant  on  the  State  Treasurer  in 
the  sum  so  certified  by  the  Secretary  of  State  to  be  due, 
to  be  paid  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated. 
Approved,  Nov.  11,  1861. 


No.  92.]  AN  ACT 

To  repeal,  in  part,  an  ordinance  to  provide  for  the  Mili- 
tary defence  of  the  State  of  Alabama,  adopted  19th 
January,  1861. 

Sec.  1.  JBe  it  enacted  by  the  Senate  and  House  of  Repre^ 
sentatives  of  the  State  of  Alabama,  in  General  Aesentbh/  Certain  secHonf 
convened)  That  sections  8,  10,  13,  15  and  16  of  an  ordi-  ''^p'''*'*^- 
nance  "to  provide  for  the  military  defence  of  the  State 
of  Alabama,*'  adopted  19th  Januar}-,  1861,  be,  and  the 
Barae  are  hereb}^  repealed  ;  and  all  the  offices  created 
by  said  sections  in  said  ordinance  arc  hereby  abolisbed. 

Sec.  2.  Be  it  farther  enacted.  That  so  much  of  section  Section ninepaf 

„,..,,.•  <  ,    '     .  I  ,       tially  repealed. 

9  ot  said  ordinance  as  authorizes  and  empowers  the 
Governor  of  this  State  to  appoint  a  surgeon-general  and 
a  paymaster-general  be  and  the  same  is  hereby  repealed, 
and  said  offices  are  by  this  act  abolished. 
Approved,  Nov.  9,  1^61. 


No.  93.]  AN  ACT 

To  repeal  section  3  of  an  ordinance  to  authorize  Colo- 
nels of  Volunteer  regiments  to  appoint  their  own 
Staft'  Officers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  liejj' 
resentatii'cs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  8  of  an  ordinance  "to  authori;5C 
colonels  of  volunteer  regiments  to  appoint  their  own 
staff  officers,''  adopted  Jannmy  2'^,  1S<il^  l>v  tlir.  rem- 


1861. 


78 


veutiou  of  the  people  of  the  State  of  Alabama,  held 
Montgomery,  be,  and  the  same  is  hereby  repealed. 
Approved,  December  9,  1861. 


So.  94. 


AN  ACT 


To  repeal  an  Act,  entitled  an  Act  to  provide  for  an  efii« 
cient  Military  organization  of  the  State  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  entitled  an  act  to  provide  for  an. 
efficient  military  organization  of  the  State  of  Alabama, 
approved  February  24th,  1860,  be,  and  the  same  is 
hereby  repealed. 

Approved,  iTovember  11,  1861. 


No.  95.] 


AN  ACT 


5100,000  appro- 
priated. 


.  At  disposal  of 
the  Governor. 


Proviso. 


Compensation 
from  commuta- 
tion money. 


To  facilitate  the  equipment  of  Volunteers  and  for  the 
purchase  of  arms. 

Section  1.  JBe  it  enacted  by  the  Senate  and  Mouse  of 
jRepresentatives  of  the  State  of  Alabama  in  G-eneral  Assembly 
convened,  That  in  order  to  save  volunteers  from  extortion 
in  clothing,  to  aid  in  their  prompt  equipment,  and  to 
procure  a  proper  supply  of  suitable  arms,  accoutre- 
ments, &c.,  the  sum  of  one  hundred  and  eighty  thou- 
sand dollars  be,  and  the  same  is  hereby  appropriated 
and  placed  at  the  disposal  of  the  Governor,  to  be  drawn 
on  his  warrant,  and  by  him  to  be  so  used  as  in  his  best 
judgment  may  most  efficiently  and  economically  pro- 
mote the  above  objects,  and  for  the  expenditure  of 
which  he  shall  take  the  proper  vouchers  to  be  filed  with 
the  Comptroller  of  Public  Accounts:  Provided,  however, 
That  for  any  eqifipments,  or  any  other  things  that  may 
be  furnished  to  any  soldier  or  volunteer  by  the  Governor 
under  this  act,  the  Governor  shall  take  or  shall  cause  to 
be  taken  the  most  proper  and  available  mode  to  secure 
compensation  to  this  State,  out  of  the  commutation 
money  of  such  soldier  or  volunteer. 

Approved,  December  6,  1861. 


79  1861. 

Ko.  96.]  AN  ACT 

To  prevent  the  practical  disfranchisement  of  the  vol- 
untecrs  from  Alabama,  and  of  the  members  of  the 
General  Assembly  of  the  State  of  Alabama,  in  the 
next  Congressional  and  Presidential.election. 

Section  1.  JBe  it  enacted  hy  the  Senate  and  House  of 
Hepresentatlves  of  the  State  of  Alah<(nia  in  General  Assemhbj 
convened,  That  each  citizen  of  Alabama,  who  shall  be  To  vote  whether 
in  the  service  .of  the  Confederate  States,  as  a  volunteer,  suto °"' "^  ^''^ 
on  the  day  of  the  next  Presidential  and  Congressional 
election,  and  who  on  that  day  would  be  entitled  to  vote 
in  such  election  in  any  county  of  this  State,  if  he  was 
actually  in  that  county  on  that  day,  shall  be  entitled  to 
vote  by  ballot  in  such  election  at  any  place  where  he 
may  be  on  that  day,  whether  in  or  out  of  this  State ; 
and  his  vote  shall  be  counted  and  have  the  same  eifect 
as  if  it  had  been  actuallj' given  in  the  county  in  which, 
if  he  was  personally  present  on  the  day  of  such  election, 
he  would  be  entitled  to  vote ;  and  at  anj^  place  where 
there  may  be  on  that  day  any  such  volunteer  or  volun- 
teers from  one  or  more  of  the  congressional  districts  of 

this  State,  any  two  commissioned  officers  who  are  quali-  „  „  ,  ,     ^  „ 
,.    1    ,  r>    1     t><  1'   A 1  •  •  -i-         Polls  to  be  open- 

tied  electors  or  the  State  ot  Alabama  m  the  military  cji  by  commis- 

service  of  the  Confederate  States,  are  hcreb}'  authonzed  *"'°'^ 

to  open  the  polls  on  that  day,  between  the  hours  of  six 

o'clock  in  the  forenoon  and  six  o'clock  in  the  afternoon, 

for  each  of  such  congressional  districts,  and  to  receive 

the  ballots  or  votes  of  every  such  volunteer  for"  eleven  tn  p'resiucnuar 

electors  of  President  and  Vice  President,   and   for  one  riiTrMentative"'^ 

representative  in  the  Congress  of  the  Confederate  States,  *"  congress. 

and  to  conduct  and  manage  the  election  so  that  no  such 

volunteer  shall  vote  for  a  representative  of  any  other 

congressional  district  than  that  in  which  he  resided  at  the 

time  of  volunteering;  and  as  soon  as  practicable  after  six 

o'clock  in  the  afternoon  of  the  day  of  such  election,  the  iJi^ctiom  for 

n.  ],.  T  .'',,  ,',       the  managers  ae 

orncers  conducting  and  managing  the  same  are  hereby  to  returns, 
authorized  and  directed  to  count  out  the  votes,  ascer- 
tain the  number  of  votes  received  for  each  person,  and 
what  office,  and  make  out  a  statement  of  the  same  in 
writing,  with  a  list  of  the  names  of  the  voters,  and  the  ' 

county  of  their  residence;  which  statement  must  be 
signed  by  them  and  sealed  up  and  directed  to  the  Secre- 
tary of  State  of  Alabama,   at  Montgomery,  and  sent 


1861.  80 


either  by  mail  or  messenger,  without  unnecessary  delay. 
Each  county  to  Sec.  2.  Be  U  further  enacted,  That  all  the  other  returns 
io'the°swrmr^y  ^^  ^^^  "^^^  Cougressioual  and  Presidential  election,  in- 
of  state.  stead  of  being  made  as  provided  for  by  the  existing  law, 

shall  be  made   by  the  returning  officer  of  each  county 
directly  to  the  Secretary  of  State  of  this  State,  without 
any  unnecessarj-  d^lay. 
Pay  for  state  or-     Sec.  8.  Bc  it  farther  enacted,  That  on  the  26th  day  of 
fhevot*^.""""    November  ne:it,   or   within,  two  davs  thereafter,   the 
Governor  of  this  State,  in  the  presence  of  the  Secretary 
of  State,  Comptroller  and  Treasurer,  or  either  of  them, 
shall  estimate   the   returns  made  under  the  preceding 
sections  of  this  act,  ascertain  who  are  elected,  and  notify 
them  by  proclamation. 
Rules  to  gotcra      gEc.  4.  Be  U  further  enacted,  That  all  the  provisions 
■  of  this  act  shall  apply  to  and  govern  in  any  election  that 
it  may  become  necessary   to   hold   in   the   event  of  a 
failure  to  elect  a  representative  to  Congress  in  any  con- 
gressional district  in  this  State,  or  in  the  event  of  a  va- 
cancy occurring  in  any  congressional   district   in   this 
State  within  the  next  two  years. 
Privilege  of  the     Sec.  5.  Be  it  further  enacted,  That  the  members   of 
gcnSLrimbiy  t^®  General  Assembly  of  this  State,  shall  have  the  right 
'  to  vote  in  the  county  of  Montgomery,  for  electors   for 
President  and  Vice  President  at  the  next  election. 
Managei-a  to  be      Sec.  6.  Beit  fufthcr  cnactcd,  That  the  commissioned 
qualified.        'officei'^  who  may  open  the  polls  and  hold  elections  un- 
der this  act  shall,  before  they  enter  upon  the  perform- 
ance of  such   duty,    take  an  oath  to  conduct  such  elec- 
•I    •  tion  fairly  and  faithfully,  and  make  returns  as  required 

ttotonaglrs!"^^ ^^  ^^^^^  ^^^ '  "^"^bi^b  oatli  may  be  administered   by  any 
officer  of  the  State  in  which  such  election  may  be  held, 
authorized  to  administer  oaths ;  and  .in  the  absence  of 
such  officer,  said  oath  may  be  administered  by  any  per- 
son in  the  army  of  the   Confederate    States   from  the 
State  of  Alabama,  holding  a  commission  not  below  a 
captain, 
inspectotsioad'      Sec.  7.  Be  it  further  enacted.  That  the  inspectors  of 
miuister  an  oath  elections  herein  provided  for,  shall  be  empowered  in  all 
cases  where  they  may  have  doubts  as  to  the  legal  quali- 
fications of  a  voter,   to  require  such  person  to  take  an 
oath  to  answer  such  questions  touching  his  qualifications 
w^orlng!"^  *'*''*  ^^  may  be  propounded  by  the  inspectors  ;  and  any  per- 
son who  shall  vote  under  the  provisions  of  this  act,  not 
possessing  the  requisite  qualifications,  shall  be  subject 


81  1861. 

to  the  same  pains  aud  penalties  imposed  by  law  upon 
fraudulent  voting  within  the  limits  of  this  State. 
Approved,  October  80,  18G1. 


No.  97.]  AN  ACT 

To  provide  a  Hospital  for  sick  troops  from  Alabama  in 
the  army  of  the  Potomac,  and  for  other  purposes. 

^Sec.  1.  Beit  enacted  hy  the  Senate  and  House  of  Hep-., 
resenfatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  be  aud  he  is  hereby  author- 
ized  and  required  to  appoint  an  agent  to  proceed  to  the  p<?imTnagenfK 
State  of  Virginia  and  provide  or  procure  such  building  p"""^''^*'''**''''^'- 
or  buildings  as  may  be  necessary  for  hospitals  for  the 
Alabama  troops,  and  to  provide  such  hospital  stores  as 
may  bo  needed  for  the  sick  from  the  State  of  Alabama 
in  the  army  of  the  Potomac,  or  other  division  of  the  ' 

army  of  the  Confederate  States,  where  soldiers  from  I 

Alabama  are  located,  and  ma}-,  in  his  judgment,  need  J 

such  provision  for  the  sick  thereof.  ^ImmSSt 

Sec.  2.  Be  it  further  enacted,  That  the  Governor  be 
and  he  is  hereby  authorized  to  draw  his  warrant  on  the  ,.,,n^ 
ireasurer  of  the  State  for  such  sum  or  sums  as  may  bepnated. 
found  necessary  to  accomplish  the  objects  mentioned  in 
the  first  section  of  this  act,  not  exceeding  the  sum  of 
thirty  thousand  dollars;  which  said  sum  of  thirty  thou- 
sand dolhirs  is  hereby  appropriated  out  of  any  monies 
in  the  treasury  not  otherwise  appropriated. 

Approved,  November  9,  1861. 


1 


No.  98.]  AN  ACT 

To  exempt  from  taxation  a  certain  amount  of  property 
of  Volunteers,  aud  the  widowsj  of  deceased  Volun- 
teers. 

Sec.  1.   Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  the  volunteers  now  in  the  service  of 
6 


1861.  82 

Exempt  from  poll  the  State  of  Alabama,  or  of  the  Confederate  States,  as 
1*00  wort^of"*"  well  as  those  who  may  hereafter  enter  such  service,  • 
property.  gj-^all  bc  cxempt  from  a  poll  tax,  and  shall  also  be  exempt 

from  taxation  on  property  to  the  amount  of  five  hundred 

dollars. 
Widows  or  de-        Sec.  2.  Be  it  farther  enacted,  That  the  widows  of  de- 
S'lxempt  on  ccascd  voluntecrs,  or  those  who  may  become  such  during 
wme  amount.     ^\^q  ^gj,^  gj^^ll  also  bc  cxcmpt  from  taxation  on  property 

to  the  amount  of  five  hundred  dollars. 
Approved,  December  7,  1861. 


No.  99.]  AN  ACT 

To  exempt  the  several  counties  in  this  State  from  im^ 
posing  the  tax  for  the  support  of  the  indigent  fami- 
lies of  Volunteers,  in  certain  cases. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep' 
resentatives  of  the  State  of  Alahama  in  General  Assembly 
Exempt  by  pay-  coHveued,  That  whcu  any  "court  of  county  commission- 
o"n*^sii'te'iax?*°''  Grs"  in  any  county  of  the  State  shall  pay  into  the  State 
treasury  a  sum  equal  to  twenty-five  per  cent,  on  the 
State  tax  assessed  in  said  county,  then  and  in  that  case 
said  county  shall  be  exempted  from  the  levy  and  collec- 
tion of  the  tax  as  required  by  the  act  "  to  provide  a  fund 
for  the  aid  of  indigent  families  of  volunteers  absent  in 
the  army,"  approved  11th  November,  1861. 
Approved,  December  3,  1861. 


No.  100.]  AN  ACT  --^f^^ 

To  raise  an  additional  Volunteer  force  for  the  defence 
of  the  State,  and  to  resist  Invasion. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alahama  in  General  Assembly 
convened.  That  the  Governor  forthwith  proceed  to  raise 
Sixty  companies  not  cxcccding  sixty  Companies  of  volunteers,  who  shall 
o  be  ra.sed.      ^^^^  clothc  and  equip  themselves ;  which  said  compa- 
nies shall  be  organized  as  the  Governor  shall  direct,  and 


83  1861. 

shall  be  received  for -a  term  of  service  of  not  less  than  Tem  of  service, 
four  mouths,  unless  sooner  discharged. 

Sec.  2.  Be  it  fiirihxr  enacted,  That  the  Governx)r  is  Arm'?,  ammuni- 
authorized  to  take  such  measures  either  before  or  after  mentr*^  *'^"''" 
the  receiviug  of  said  companies  as  he  may  deem  expe- 
dient to  ensure  arms,  ammunition  and  equipments  for 
the  troops  raised  under  this  act,  who  may  be  unable  to 
supply  themselves,  and  that  such  troops  as  organized 
shall  be  held  as  minute  men,  subject  to  the  orders  of„.„, , 

,  11  11  Minute  men. 

tlie  Crovernor,  and  prepared  to  march  at  the  shortest 
notice  to  any  point  where,  in  his  opinion,  the  services        ' 
of  all  or  any  portion  of  them  may  be  required,  and  to 
co-operate  with  the  Confederate  forces,  or  the  forces  of 
either  of  the  Confederate  States  at  such  point. 

Sec.  3.  Be  it  further  enacted,  That  such  companies  Howtobcorgan- 
shall  consist  of  cavalry  or  infantry,  in  such  proportions '"'^" 
as  the  Governor  shall  direct,  and  may  in  his  discretion 
be  organized  into  battalions,  squadrons,  regiments  and 
brigades ;  the  general  officers  to  be  appointed  by  him, 
and  the  field  officers  to  be  elected. 

Sec.  4.  Be  it  further  enacted,  That  each  regiment  or- certain  officers 
ganized  under  this  act  shall  have  an  adjutant  with  the^l^j^^*^'*''''^ 
rank  and  pay  of  first  lieutenant;  a  quarter  master  and 
commissary,  each  ^ith  the  rank  and  pay  of  captain  ;  a 
surgeon,  an  assistant  surgeon,  and  a  sergeant  major,  all 
of  whom  shall  be  appointed  by  the  colonel ;  and  each 
separately  organized  battalion  shall  have  an  adjutant 
with  the  rank  and  pay  of  second  lieutenant ;  an  assist- 
ant quarter  master,  with  the  rank  and  pay  of  first  lieu- 
tenant, who  shall  also  perform  the  duties  of  commissary; 
and  an  assistant  surgeon,  all  of  whom  shall  be  appointed 
by  the  commander  of  the  battalion. 

Sec.  5.  Be  it  further  enacted,  That  any  brigadier  gen-  Ai.i  de-rnrr  .r 

il  appointed  under  this  act,  shall  be  entitled  to  one  f/J,';'"^'"  ""^ 
uid-de-camp  with  the  rank  and  pay  of  captain,  who  shall 
also  perform  tlie  duties  of  adjutant  of  the  brigade. 

Seo.  6.  And  be  it  further  enacted,  That  the  officers,  pay  an<i  avow- 
nou-coramissioned  officers  and  privates  raised  and  or-*"*^®"- 
ganized  under  this  act,  shall  be  entitled  to  the  same 
pay  and  allowances,  except  for  clothing,  as  volunteer 
troops  in  the  service  of  the  Confederate  States,  but 
shall  only  be  entitled  to  such  pay  and  allowances  from 
the  time  they  take  up  the  line  of  march  to  any  point 
where  they  may  be  ordered  by  the  Governor  on  sjiecial 


1 


1861.  84  f%  fT 

duty  or  service,  and  from  thence  until  they  are  dis- 
charged from  such  special  service. 
Captain  to  be         Sec.  7.  Bc  it  further  enacted)  That  the  captains  of  the 
paymaster.        companies  raiscd  under  this  act,  shall  act  as  paymasters 
for  their  respective  companies,  giving  such  bond  as  the 
Governor  may  direct. 
Sec.  8.  Be  it  further  enacteed,   That  the  Governor  is 
^rforti(?c''auon8.  authorizcd  to  obtain  the  services  of  not  exceeding  live 
hundred  negro  laborers,  for  such  term  as  he  may  deem 
expedient  to  be  employed  on  any  fortifications,  or  which 
^*~^-*'         may  be  erected  on  the  Tennessee  river,  or  at  any  point 
,v...4"  where,  in  his  judgment,  it  may  be  necessary  to  prevent 

invasion  in  that  direction. 

$800,000  appro-       Sec.  9.  Be  it  further  enacted,   That  to  carry  into  ef- 

priated.  fgct  the  provisions  of  this  act,  the  sum  of  three  hundred 

thousand  dollars,  from  any  funds, in  the  State  treasury, 

be  appropriated  to  be  disbursed  under  the  direction  of 

the  Governor. 

Rules,  reguia-         ^EC.  10.  Be  it  further  enacted,  That  the  rules,  regula- 

tionsaadanicieBtions  and  articles  of  war  adopted  for  the  res:ulation  and 

Oi  war.  ,    ^  *--' 

government  of  volunteers  in  the  service  of  the  Confed- 
erate States,  and  not  inconsistent  with  the  provisions 
of  this  act,  shall  be  in  force  as  to  the  troops  organized 
under  its  provisions. 
Approved,  November  22,  1861. 


No.  101.]  AN  ACT 

To  raise  the  additional  Volunteer  Force  for  the  defense 
of  the  State. 

Section  1.    Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Kitate  of  Alabama  in  General  Assembly 
ooveiB.rto      convejud,  That  the  Governor  is  hereby   authorized   to 
vXnt,fera','ovci  ''^isc  such  luimber  of  companies  as  he  may  deem  expe- 
8- years,  of  age.  dicut  lor  thc  dcfeusc  of  Alabama,  to  consist  of  volun- 
teers over  the  age  of  thirty-live  years,  who   shall  arm 
and  clothe  themselves,  and  shall  be   organized   as  the 
Governor  shall  direct,  which  said  companies  shall    be 
Term  of  service,  received  for  a  term   of  service  of  not  less  than  three 
months,  unless  sooner  discharged. 

Sec.  3.  Be  it  further  exacted,  That  the  provisions  of 
the  second,  third,  fourth,  fifth,  sixth,  seventh  and  tenth 


85  1861. 

sections  of  an  act  passed  at  the  present  session  of  the  g^^^^^^ ^^ r^^^. 
General  Assembly,  entitled  an  act  to  raise  an  additional  er.act^maae  ai- 
volunteer  force  for  the  defense  of  the  State,  and  to  re-''""* 
sist  invasion,  approved  jSTovember  22,  1861,  be,  and  the 
same   are   hereby  made  applicable  to  any  force  which 
may  be  raised  under  this  act. 
Approved,  December  7,  1861. 


No.  102.]  AN  ACT 

To  amend  section  seven,  chapter  four,  of  the  Military 
Code  of  Alabama. 

Sec.  1.  Be  it  enacted  hij  the  Senate  and  House  of  Eepre- 
sentatives .  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  seven,  chapter  four,  of  the  Mili- Exempted  <iu- 
tary  Coee  of  Alabama  be,  and  the  same  is  hereby  so 
amended,  as  to  exempt  all  military  ofhcers  in  this  State 
who  have  entered  or  may  hereafter  enter  the  service  of 
the  Confederate  States  during  the  pendency  of  existing 
hostilities  witli  the  government  of  the  United  States 
from  the  operations  of  said  section,  in  so  far  as  it  pro- 
hibits them  from  resigning  without  the  consent  of  a 
court  martial,  and  for  so  doing  renders  thern  ineligible 
in  the  future  to  any  military  office  in  the  State. 

Approved,  December  4,  1861. 


No.  103.]  AN  ACT 

To  amend   section    nine,  chapter  ten,   of  the  Military 
Code   of  Alabama. 

Skctiox  1.  lie  it  cnarlcd  hy  the  Senate  and  House  of 
licprcsaitativcs  of  the  State  of  Alabama  in  General  Asarinhh/ 
convened,  That  section  nine,  chapter  ten,  of  the  Military 
Code  of  Alabama,  adopted  Februar}^  10,  1852,  be,  and 
the  same  is  hereby  so  amended  that  the  court  martial 
of  any  compan}^  for  the  trial  of  defaulters  at  one  mus- 
ter may  be  held  at  the  next  muster  of  such  company. 

Approved,  December  9, 1861. 


IH' 


1861.  86 

No.  104.]  A^  ACT 


4IP^ 


To  suspend  section  twenty-one,  chapter  twelve,  of  the 
Military  Code  of  Alabama. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  twenty-one,  chapter  twelve,  of 
4;he  Military  Code  of  Alabama,  be,  and  the  same  is 
hereby  inoperative  and  void  during  the  pendency  of 
existing  hostilities  between  the  Confederate  States  and 
the  government  of  the  United  States. 

Approved,  December  5,  1861. 


No.  105.]  AN  ACT 

To  amend  section  three,  of  chapter  four,  of  the  Mili- 
tary Code. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rejy- 
resentatives  of  the  State  of  Alabama  in  Genral  Assembly 
convened,  That  sectioii  three,  of  chapter  fonr,  of  the 
Military  Code  of  Alabama,  be,  and  the  same  is  hereby 
so  amended  as  to  authorize  brigadier  generals  to  order 
elections  for  colonel,  lieutenant  colonel,  and  major  in 
their  respective  brigades,  in  the  same  manner  and  upon 
the  same  terms  as  those  elections  are  now  authorized 
to  be  ordered. 

Approved,  December  10,  1861. 


No.  106.]  AN  ACT 

To  extend  the  time  of  making  the  returns  required  by 
chapter  five  of  the  Military  Code  of  Alabama. 

.  Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
ra'onthsr/rmak-<^^^^^^*^^'^»  That  for  thc  ycar  1862,  the  returns  required 
ing  returns.       to  bc  made  by  chapter  fifth  of  the  Military  Code  of  Ala- 
bama, may  be  made  at  the  times  hereinafter  mentioned, 
to-wit:  Strike  out  the  words  "September  in  each  year," 


8Y  1861. 

"October  in  each  year,"  and  "November  in  each  year," 
where  tlicy  occur  in  said  chapter  fifth,  and  insert  in  lieu 
thereof,  respectively,  the  words  "February.  1863," 
^•March,  1863,"  and  "April,  1863." 

Sec.  2.  Be  it  further  enacted,  That  all  niihtary  officers  g,o„„j^t^j  f^„n, 
in  this  State  be,  and  the  same  are  hereby   exonerated  penalties, 
from  all  penalties  incurred  heretofore  during  the  pres- 
ent year  by  failing  to  comply  with  the  requisitions    of 
said  chapter  fifth  of  the  Alilitary  Code  of  Alabama. 

Sec.  3.  Be  it  further  enacted,  That  from  and  after  the  change  to  cease 
present  year,  the  returns  required  to  be  made  by  said  aft"  the  pregem 
chapter  fifth  of  the  Military  Code  of  Alabama  shall  be 
made  at  the  times  now  required  by  law. 

Sec.  4.  Be  it  further  enacted,  That  the  Military  Code  confederate 
of  Alabama,  adopted  February  10th,  1852,  be  amended  sia'^^^'""' united 
by  striking  out  the  words  "United    States,"    wherever 
the}'  occur,  and  inserting  the  words  "Confederate  States 
of  America,  in  lieu  thereof. 

Approved,  December  6,  1861. 


* 


No.  107.]  AN  ACT 

To  amend  the  Military  Code  of  Alabama,  adopted  Feb. 
10th,  1852. 

Sec.  1.  Be  it  enacVid  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  four,  chapter  two,  of  the  Mili- ^^J^Xl  ""'*  * 
tary  Code,  be  amended  by  striking  out  the  word  "one," 
and  inserting  "five,"  and  by  striking  out  the  word 
" three"  where  it  occurs,  and  insert  "ten;"  and  that 
section  three,  chapter  nine,  be  so  amended  as  to  require 
ten  company  musters  in  each  year,  instead  of  two,  as 
heretofore. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  theduty  Encarapmm 
of  the  several  major  generals  of  the  militia  of  this  -State  """ "''''  ^'^'• 
to  order  all   the  commissioned  officers  in  his  division, 
whether  of  volunteer  corps  or  militia,  to  assemble  for 
encampment,  drill,    and   instruction,  at  some   central 
place,  within  their  respective  divisions,   once   in    each 
year,  which  said  encampments  shall  continue   for  not  ]^*™"' ""'"'" 
less  than  four  nor  more  than   ten   days  in  each  year ; 


1861.  88 

Proviso  Provided,  the  expenses  of  said  encampment  shall  in 

case  be  a  charge  against  the  State, 
j^        ^        Sec.  3.  Be  it  further  enacted,  That  all   commissioned 
corapiiance  by"  officcFS  who  shall  fail  to  comply  with  the  provisions  of 
officers.  ^i^g  second  section  of  this  act,  when  ordered  to  do  so, 

(unless  prevented  by  sickness  or  good  cause,)  shall  be 
subject  to  be  fined,  according  to  his  rank,  to  an  amount 
^  not  exceeding  one-third  the  amount  now  prescribed  by 

the  first  section  of  the  thirteenth  chapter  of  the  Mili- 
tary Code  of  this  State. 
Regiments  in         Sec.  4.  Be  it  furthcr  encicted,  That  the  regiments  N"os. 
Sumter  county.  >jq  ^^^^j  ^02,  respectively,  in  Sumter  county,  be,  and  the 
same  are  hereby  abolished,  and  hereafter  the  militia  of 
Sumter  county  shall  form  but  two  regiments   Nos.    63 
and  82. 
Property  liable       ^EC.  5.  Be  it  furtJiev  enacted.  That  all  property  held 
for  fines.  and  owucd  by  any  man  subject  to  militia  dut}^  shall  be 

liable  for  all  fines  which  may  be   imposed  bj^    law  for 
neglect  or  failure  to  perform  the  duty  required  of  any 
such  defaulter. 
Conflicting  laws     Sec.  6.  Bc  H  furtJiev  enacted,  That  all  laws  conflicting 
repealed.  with  the  provisious  of  this  act  be,    and   the  same  are 

hereb}'^  repealed. 
Approved,  December  9,  1861. 


No.  108.]  AN"  ACT 

To  legalize  the  proceedings  of  the  Governor,  in  supply- 
ing the  volunteers  of  Alabama  with  clothing, 

Section  1.    Be  it  enacted  hy  the  Senate  and  House  of 

Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 

convened,  That  all  existing  contracts  and  arrangements, 

KTistingcon-     madc  by  thc  Governor,  for  the  purpose  of  supplying 

^'■'"'^* '^2""^*^*  the  volunteers  from  this  State,  in   the   service  of  the 

Confederate  States,  with  clothing,  are  hereby  approved 

and  legalized,  and  that  the  Governor  is  authorized  to 

pues*!" '""^*"''"  continue  the  supplies  of  clothing  to  said  troops,  under 

such  contracts  and   arrangements,   and   to   take  such 

measures  as  he  maj'-  deem  best  to  reimburse  the  State, 

out  of  the  clothing  commutation  money  allowed  by  the 

Governor  may    laws  of  thc  Confederate  States  to  said  volunteers;  and 

appoint  agentf.  ^Q.  Garry  into  effect  the  purposes  of  this  act,  he  may  ap- 


89  1861. 

point  aud  at  his  discretion  discharge,  such  transporta- 
tion and  distributing  agents,  or  assistant  quartermas- 
ters, as  he  may  deem  necessary,  prescribe  their  duties, 
fix  their  compensation,  and  establish  such  regulations 
as  to  their  accountability  as  ho  may  deem  expedient. 

Sec.  2.  Be  it  farther  enacted,   That  all   expenditures  Dpp.^rtment 
which  have  or  may  be  made  under  the  first  section  of^^^'^l^g^g'*''"^"'* 
this  act,  be  charged  to   tlie   fund  appropriated  to  the 
quartermaster's  department,    and  that  all  moneys  re- 
ceived in  commutation  or  reimbursement  for  clothing, 
be  carried  to  the  credit  of  said  department. 

Approved,  December  9,  1861. 


1^0.109.]  AN  ACT 

To  authorize  the  G  ovcrnor  to  have  the  Capitol  repaired. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alahama  in  General  Assembly 
convened,  That  the  Governor  be  and  he  is  hereby  au- 
thorized to  have  the  necessary  repairs  done  on  the  Capi- 
tol, and  that  the  Comptroller  be  authorized  to  draw  his 
warrant  on  the  treasury  in  favor  of  Jno.  Gill  Shorter 
for  the  amount  necessary  to  pay  for  said  repair. 

Approved,  December  10,  1861. 


No.  110.  AN  ACT 

To  authorize  the  Governor  to  employ  two  Secretaries. 

Sec.  1.  Be  it  enacted  b>/  the  Senate  and  House  of  Bepre- 
scntatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  be  and  he  is  hereby  au- 
thorized to  engage  the  services  of  two  competent  secre- 
taries in  his  office,  at  the  rate  of  seven  hundred  and 
fifty  dollars  per  annum  each,  payable  quarterl}':  7Vo- 
vidcd,  he  shall  have  the  right  to  discontinue  the  services 
of  one  or  both  of  said  secretaries,  whenever  such  service 
may  be  no  longer  needed. 

Approved,  l^ecember9,  1861. 


1861-  90 

No.  111.]  AN  ACT 

To  provide  for  Indexing  the  Records  of  Land  Patents 
iu  the  office  of  the  Secretary  of  State. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 

It^^^!^^^'"^' convened,  That  the  Secretary  of  State  be  authorized  to 
employ  a  competent  person  to  make  and  complete  cor- 
rect indexes  to  the  volumes  containing  the  Registry  of 
Land  Patents  heretofore  issued  in  his  office. 

oompeneatioru  ^EC.  2.  Be  it  further  enacted,  That  such  compensation 
shall  be  allowed  for  making  and  completing  those  in- 
dexes, as  may  be  agreed  upon  between  the  Secretary  of 
State  and  the  person  so  employed;  and  upon  presenta- 
tion to  the  Comptroller  of  Public  Accounts  of  the  cer- 
tificate of  the  Secretary  of  State  of  the  faithful  execu- 
tion of  the  work,  the  Comptroller  shall  draw  his  warrant 
on  the  State  Treasurer  in  the  sura  so  certified  to  be 
due,  to  be  paid  out  of  any  moneys  in  the  State  treasury 
not  otherwise  appropriated. 
Approved,  December  10,  1861. 


No.  112.]  ^         AN  ACT 

To  amend  an  act  entitled  an  act  supplemental  to  an  act 
to  establish  a  hospital  for  insane  persons  in  Ala- 
bama. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act,  entitled  an  act  supplemental  to 
an  act  to  establish  a  hospital  for  insane  persons  in  Ala- 
bama, be  and  is  hereby  amended,  by  adding  at  the 
end  of  the  12th  section  after  the  word  Trustee, 
the  words,  "  on  the  Comptroller  who  shall  draw  his 
warrant  on  the  Treasurer  of  the  State  in  fiivor  of  the 
treasurer  of  the  hospital." 

Approved,  November  25,  1861. 


01  1861. 

ITo.  113.]  AN  ACT 

To  divorce  "William  S.  Thomas  from  his   wife  Rebecca 
Thomas. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Ilep- 
resenfatives  of  the  State  of  Alabama  in  General  Assemhly 
convened.  That  in  pursuance  of  a  decree  of  the  chancery- 
court,  for  the  7th  district  of  the  Southern  Chancery 
Division  of  the  State  of  Alabama,  at  the  February 
term,  1861,  thereof,  William  S.  Thomas  be,  and  he  is 
hereby  divorced  from  his  wife  Rebecca  Thomas,  and 
that  said  William  S.  Thomas  may  lawfully  contract  with 
and  marry  any  other  woman. 

Approved,  November  9,  1861. 


No.  114.]  AN  ACT 

To  divorce  Rebecca  P.  Bobbitt  from  her  husband  Wil- 
liam P.  Bobbitt,  and  other  persons  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  Rebecca  P.  Bobbitt  be,  and  she  is  here- ^?jP."*  ^- f'",''" 
by  divorced  from  her  husband  William  Bobbitt,  pursu- 
ant to  a  decree  of  the  chanceiy  court  of  the  sixth  District 
Southern  Division,  made  at  the  April  term,  1860, 
thereof. 

Sec.  2.  Be  it  further  enacted,  That  William  Fouchee  ^f;x\\\a.m  from 
be,  and  he  is  hereby  divorced  from  his  wife  Lucy  Fou- L"<"y  ^'°"che«. 
chee,   in   pursuance  of  a  decree  of  the  chancery  court 
of  the  12th  District  Southern  Division,    made   at  the 
November  term,  1860,  thereof. 

Sec  3.  Be  it  further  enacted,  That  William  J.  Kelly 

1  11*11         T  1^  !•  ■/■o.         lA  William  J.  from 

be,  ana  he  is  hereby  divorced  irom  his  wire  Sarah  Ann  sarah  Ann  Keiij 
Kelly,  pursuant  to  a  decree  of  the  chancery  court  of  the 
12th  District  Southern  Division,  held  at  the  May  term, 
1860,  thereof. 

Sec.  4.  Be  it  Jurther  enacted,  That  Sumantha  Cham-  pumanth.i  from 
bers  be,  and  she  is  hereby  divorced  from  her  husband ''''*^''^*^*"^*'*" 
Joseph    Chambers,   in   pursuance   of  a  decree  of  the 
chancery  court  of  the  12th  District  Southern  Division, 
held  at  the  May  term  thereof. 


1861. 


92 


PhcEbep  from        ^^^'  ^'  ^^  ^^  fuHlier  enacicd,  That  Pha3be  P.  Garden 
John  D.'caiden.  be,  aiid  she  is  hereby  divorced  from  her  husband  John 
D.  Garden,  pursuant  to  a  decree  of  the  chancery  court, 
12th  District  Southern  Division,  made  at  the  May  term, 
1860,  thereof. 
Margaret  F.  from     Sec.  6.  JBc  it  further  ciiucted,  That  Margaret  F.  Norris 
James R.Norris.  ^q^  ^jj^j  g|^g  j^g  j^ereby  divorccd  from  her  husband  James 
It.  jSTorris,  pursuant  to  a  decree  of  the  chancery  court 
of  the  10th  District  Southern  Division,  made   on   the 
14th  da^^  of  Januarj^,  1861,  in  vacation. 
Approved,  November  30, 1861. 


ISTo.  115.] 


AN  AGT 


To  divorce  Gornelius  G.  Latham  from  his  wife,  Mar- 
garet Louisa  Latham. 

Section  1.  J5e  it  enacted  by  the  Senate  and  House  of 
Representaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Gornelius  G.Latham  be,  and  he  is  here- 
b}^  divorced  from  his  wife,  Margaret  Louisa  Latham,  in 
pursuance  of  a  decree  of  the  chancery  court  of  the  23d 
district,  middle  division,  rendered  at  the  July  term, 
A.  D.  1860,  thereof. 

Approved,  December  7, 1861. 


No.  116.] 


AN  AGT 


Tenure  of  pres- 
ent board. 


New  election. 


To  amend  the  Gharter  of  the  Southern  Military 
Academy. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  charter  of  the  Southern  Military 
Academy  be  so  amended  that  the  present  board  of  trus- 
tees of  said  academy  shall  hold  their  office  until  the  first 
Monday  in  July,  1862,  when  an  election  for  a  new  board 
of  trustees  shall  be  held  by  the  respective  stockholders 
or  subscribers  who  shall  have  paid  their  subscriptions 
toward  building  said  academy;  and  an  election  for  a 
new  board  shall  be  held  annually  thereafter  on  the  first 


03  1861. 


Monday  in  July  and  every  person  who  shall  have  paid  . 

1  .  1  •     i.-     •'       1      11  1  Z-il     1   A  i.      />  i^^  Annual  election. 

hi3  subscription,  shall  be  entitled  to  one  vote  for  every 
five  dollars  so  paid  in. 

Sec.  2.  Be.it  further  enacted,  That  the  board  of  trus- Board  to  consist 
tecs  shall  consist  of  nine  members  selected  from  the  "^ °'°^  •"«™''er» 
stockholders,  as  directed  by  the  first  section  of  this  act, 
one  of  whom  shall  be  president,   to  be  chosen  by  the 
board;  which  said  president  shall  have  power  to  call  a 
meeting  of  the  board  at  any  time,  upon  five  days  no- 
tice, and  a  majority  of  said  board  shall  constitute  a  Quorum, 
quorum  to  transact  business. 

Sec.  3.  Be  it  further  enacted,  That  the  present  or  any  Military  charac- 
future  board  of  trustees  shall  have  power  to  change  the^"^™*^''* 
military  character  of  said  school,  to  that  of  any  other 
kind  they  may  deem  best;  and  if  such  change  be  so 
made  hj  the  said  board,  the  present  regulations  and  pro- 
visions of  the  said  charter  as  are  applicable  only  to  a 
military  institution,  are  hereby  suspended  so  long  as 
such  change  shall  continue  in  force. 

Sec.  4.  Be  ii  further  enacted,  That  the  board  of  trus- noard  may  adopt 
tees  shall  have  power  to  adopt  all  such  by-laws,  vulcs ''''^"' ''"''"'' **=• 
and  regulations  for  their  own  government,  and  for  the 
government  of  said  school  as  to  them  shall  appear  best, 
not  in  conflict  with  the  constitution  and  laws  of  this 
State. 

Sec.  5.  Be  it  further  enacted,  That  if  the  election  pro-  Election  may  be 
vided  for  in  the  first  section  of  this  act  should  not  be  |J^'>^ '''•  »"<'"'" 
held  on  the  day  therein  specified,  an  election  may  be 
held  any  time  thereafter,  upon  a  notice  of  ten  days, 
given  by  the  president  of  the  board:  Provided,  that  tliCproriso. 
term  of  service  of  no  board  shall  expire  until  their  suc- 
cessors are  elected. 

Approved,  December  9,  18G1. 


No.  117.]  K^  ACT 

To  amend  an  Act  to  incorporate  the  Indian  Creek  Male 
and  Female  Academv  in  Pike  county,  approved  Feb- 
ruary 0th,  1860. 

Section  1 .  Be  it  enacted hij  the  Senate  a?id  ITnuse  of  Rcpre- 
sentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  2  of  said  act  be  so  amended  as  to 


1861.  94 

remove  the  restriction  against  the  sale  of  spirituous 
or  vinous  liquors  in  quantities  of  one  quart  and  up- 
wards within  the  corporate  limits  of  said  academy. 
Approved,  December  3.  1861. 


Ko.  118.] 


AN  ACT 


tlquor  prohlbi' 
Hon. 


Penalty. 


Sd  becomes  8d 
eection. 

Certain  act  re- 
peale<L 


To  amend  the  charter  of  the  Jasper  Male  and  Female 
Academy,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Beprc- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  act  entitled  an  act  to  incorporate  the 
Male  and  Female  Academy  in  the  county  of  Walker, 
approved  the  23d  February,  1860,  be,  and  the  same  is 
hereby  amended,  by  adding  after  the  first  section  of 
said  act  the  following  as  the  second  section  ; 

Sec.  2.  And  be  it  further  enacted,  That  it  shall  not  be 
lawful  for  any  person  to  sell  vinous  or  spirituous  liquors, 
except  for  medicinal  or  sacramental  purposes,  within  two 
miles  of  said  Academy ;  and  if  any  person  shall  sell 
vinous  or  spirituous  liquors  within  two  miles  of  said 
Academy,  except  for  medicinal  or  sacramental  purposes, 
he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  not  less  than  fifty  dollars. 

Sec.  8.  And  be  it  further  enacted,  That  said  act  be  fur- 
ther amended,  by  making  the  second  section  thereof 
the  third. 

Seo.  2.  Be  it  further  enacted..  That  an  act  entitled  an 
act  to  define  the  boundaries  of  the  town  of  Jasper,  in 
the  county  of  Walker,  approved  the  27th  of  January, 
1858,  be,  and  the  same  is  hereby  repealed. 

Approved,  December  9,  1861. 


Ko.  119.]  AN  ACT 

To  extend  the  corporate  limits  of  the  town  of  Auburn. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  boundaries  of  the  town  of  Auburn, 


98  1861. 

in  the  county  of  Macon,  in  this  State,  be  so  extended „  „„,  „  .., 

1      1  .   1  •        1       T      •  /I        '1  1        r.  ,  1  Boundaries  eai" 

as  to  inclnde  within  the  limits  ot  said  town  the  follow- tsn<ied. 

ins^  fractional  parts  of  sections  lying  contiguous  to  and 

adjoining  said  town,  as  now  limited  and  defined  by  law, 

to-wit :  The  west  half  of  section  twenty-nine  (29,)  the 

northwest   quarter  of  section  thirty-two  (32,)  and  the 

southwest  quarter  of  section  twenty  (20,)  all  lying  and 

being  in  township  nineteen  (19,)   of  range  twenty-six 

(26 ;)  and  also  the  east  half  of  section  twenty-five  (25,) 

the   northeast   quarter   of  section   thirty-six   (36,)  the 

the  southeast  quarter  of  section  twenty-four  (24,)  all  in 

township  eighteen  (18,)  and  range  twenty-six  (26;)  and  fended' ov*' the 

the  laws  now  in  force  in  reference  to  said  town  of  Au- ^[U'^j!'"'**"'' '" 

burn  arc  hereby  extended  over  the  limits  herein  above 

described. 

Sec.  2.  And  be  it  further  enaettd,  That  the  sixth  sec- eth  section  of  act 
tion  of  an  act  entitled  "An  act  to  incorporate  the  town 
of  Auburn,  in  the  county  of  Macon,"  approved  on  the 
second  day  of  February,  A.  D.,  1839,  be  amended  by 
striking  out  the  word  "twenty-live  "  where  it  occurs  in 
said  section  and  in  lieu  thereof  insert  the  word  "fifty." 

Approved.  December  7,  1861. 


of  1S39  amended 


Ko.  120.]  AK  ACT 

To  amend  the  charter  of  the  town  of  Gainesville. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Intcndant  and  Council  of  the  town  a  money  tax  m 
of  Gainesville  shall  have  power  and  authority  hereafter  Sor^°^*""' 
to  impose  upon  each  person  and  hand  liable  to  street 
duty  in  said  town,  and  to  collect  from  the  persons  and 
the   owners  of  slaves  who  are  liable   to  such  duty  a 
money  tax,  not  exceeding  five  dollars  a  year,  for  each 
person  and  hand  so  liable,  instead  of  calling  out  such 
persons  and  hands  to  work  on  the  streets  in  said  town, 
and  the  persons  and  hands  for  whom  the  said  tax  shall 
be  paid,  shall  be  exempt  from  street  duty  in  said  town  rroL^trKoty. 
during  the  year  for  which  the  payment  of  said  tax  shall 
be  made;  Provided,  that   tlie   persons  and   hands  forprotiw. 
whom  the  tax  shall  not  be  paid  or  collected   shall   be 
liable  to  bo  called  out  to  work  on  the  streeta  in  said 


1861.  98 


town   as  heretofore;  and  j^^^ovidcd,   further,   that   the 
money  collected  on  account  of  said  tax  shall  be  applied 
to  the  keeping  of  the  streets  and  bridges  of  said  town 
in  repair. 
Approved,  December  7,  1861. 


No.  121.]  AN  ACT 

To  amend  the  charter  of  the  city  of  Montgomery. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Eepre- 
sentativcs  of  the  State  of  Alabama  in   General  Assembly 
convened^  That  in   addition  to   the  powers  heretofore 
]Jfpe°Vg\TSiit  granted  by  the  charter  of  the  city  of  Montgomery,  the 
company.         Q{ij  Council  of  Montgomery  are  hereby  empowered  to 
levy  and  collect  a  tax  not  exceeding  one-half  of  one 
per  cent,  on  the  value  of  the  service  pipe  of  the  Mont- 
gomery Gas  Light  Company  laid  in  the  streets  of  said 
Tasonescbange  [j^ty,  and  a  tax  uot  excecdiuo;  iif'ty  dollars  upon  the  busi- 
ness  01  all  persons  engaged  in  buying  and    selling  ex- 
Authority  to  pass  change ;  and  to  pass  an  ordinance  requiring  all  persons 
a  Mrtain  ordin.  ^^  \,Y'u\g  the  hidcs  and  ears  of  all  cattle,  sheep  or  goats, 
and  the  heads  and  ears  of  all  hogs  slaughtered  within 
five  miles  of  said  city,  and  brought  to  the  said  city  for 
sale. 
Approved,  Dec.  10,  1861. 


No.  122.]  AN  ACT 

To  amend  the  Charters  of  the  towns  of  Marion,  in 
Perry  county,  and  Montevallo,  in  Shelby  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 

rcsentatiics  of  the  State  of  Alabama  in  General  Assembly 

^^^t^^^'^^^o.' convened,  That  the  corporation  of  the  town  of  Marion 

hibited.  is  prohibited  from  collecting  poll  taxes  and  taxes  on 

on  real  and  personal  property  for  any  year  after  the 

year  18G0. 

Sec.  2.  Be  it  further  enacted^  That  all  persons  within 

etreeTduty.  ^  "^  the  corporation,  excepting  those  who  are  exempted  by 

the  next  section,  are  liable  to  work  on  the  streets,  side- 


91  1861, 


walks,  bridges,  culverts  and  tunucls  within  the  said 
town,  not  exceeding  ten  days  in  any  one  year,  under 
such  laws  and  regulations,  and  subject  to  such  penal- 
ties for  their  violation  as  the  corporation  may  prescribe. 

Sec.  3.  Be  it  further  enacted^  That  all  females,  all  male  Persons  exempt 
slaves  and  persons  of  color  under  fifteen  and  over  sixty,  from  strcetduty. 
and  all  white  males  under  eighteen  and  over  fifty-five 
years  of  age,  licensed  ministers,  oflicers,  teachers  and 
students  of  colleges  and  schools,  engineers  and  persons 
in  charge  of  cars  or  trains  running  on  rail  roads,  and 
ofiicers  of  the  Confederate  States,  this  State  or  county. 

Sec.  4.  Be  it  further  enacted,  That  from  any  judg- Appcaia  from 
ment  or  decree  of  said  corporation,  an  appeal  lies  to  the  jeerie'.'^""^"' °^ 
circuit  court  of  the  county  of  Perry,  upon  the  same 
terms  and  conditions  as  appeals  from  the  judgments  of 
justices  of  the  peace ;  and  such  appeals  when  taken  shall 
in  all  respects  be  governed  by  the  laws  regulating  and 
governing  appeals  from  justices  of  the  peace,  and  the 
trial  thereof  in  the  circuit  court,  so  far  as  such  laws  are 
applicable. 

Sec.  5.  Be  it  further  enacted,   That  all  the  provisions  Provisionsappn- 
of  this  act  shall  apply  to  the  town  of  Montevallo  in  the^a"|^.'°^°"'^- 
county  of  Shelby :  Provided,  that  this  act  shall  not  be  Proviso. 
so  construed  as  to  prevent  the  corporate  authorities  of 
said  town  of  Marion  from  levj-ing  any  tax  which  may 
be  necessary  to  meet  the  payment  of  principal  or  interest 
of  any  debt  heretofore  legally  incurred  by  the  corpora- 
tion of  said  town. 

Approved,  December  10, 1861. 


No.  123.]  AN  ACT 

To  amend  an  Act  amendatory  of  the  Charter  of  the 
city  of  Selma. 

Srctton  1.  Be  it  enacted  hij  (he  Senate  and  House  of  Bep- 
resentotivcs  of  the  State  of  Alabama  in  General  Asfemh^i/ 
convened,  That  the  act  entitled  an  act  "  to  amend  the 
charter  of  the  city  of  Sclma,"  approved  February  24, 
1860,  be  and  the  same  is  hereby  altered  and  amended 
as  hereinafter  specified  and  enacted. 

Sec.  2.  Atid  be  itfurOicr  enacted,  That  any  freeholder 


1861. 


08 


Valuation  of  real 
estate  may  be  re- 
ferred to  three 
freeholders. 


Mode  of  selec 
tion. 


Proviso. 


of  the  city  of  Selma,  wlio  may  be  dissatisfied  with  the 
valuation  of  real  estate  in  said  city,  made  by  the  asses- 
sor of  taxes  in  said  city^  may  refer  the  said  valuation  of 
his  real  estate  to  three  freeholders  of  said  city,  who  are 
not  councilmen,  one  of  said  freeholders  to  be  selected 
by  the  person  dissatisfied  with  the  valuation  made  by 
the  city  assessor ;  another  of  said  freeholders  to  be  se- 
lected by  the  maj-or  of  said  city,  and  the  third  free- 
holder to  be  chosen  by  the  two  freeholders  first  selected, 
and  the  decision  of  the  said  three  freeholders  shall  be 
the  true  valuation  of  the  real  estate  so  submitted  to 
them ;  and  upon  the  said  valuation,  the  city  taxes  shall 
be  assessed:  Frovided,ih.e  person  dissatisfied  with  the  val- 
uation of  his  said  real  estate,  as  returned  in  the  schedule 
and  valuation  made  by  the  person  appointed  by  the  city 
council  shall  give  to  the  mayor  of  said  city  written  notice 
of  his  dissatisfaction  and  the  name  of  the  referee  chosen, 
by  him,  within  ten  days  after  publication  of  the  return 
to  the  city  clerk's  ofiice  of  said  schedule  and  valuation; 
and  upon  the  reception  of  said  notice  b}'  the  said  mayor, 
he,  the  said  mayor,  shall  designate  some  person  as  above 
set  forth,  and  these  two  so  selected  and  designated, 
shall  select  a  third  person  and  proceed  within  ten  days 
Irom  the  date  of  their  selection,  to  hear  the  case,  and 
immediately  after  the  valuation  of  the  said  real  estate 
referred  to  them  is  made  and  determined  by  them,  they 
shall  give  notice  of  the  same  to  the  mayor  as  aforesaid. 
„    .  .    ,  ,  Sec.  3.  A^id  be  it  further  enacted,  That  at  the  expira- 

MuiHcipal  elec-      .  <•  i  •    t         i  i 

tion  to  be  annual  tion  01  the  tcmi  lor  whicli  the  mayor  and  common 
councilmen  of  the  city  of  Selma  are  elected  the  mayor 
and  councilmen  of  said  cit}^  shall  be  elected  for  one 
year,  and  shall  hold  their  offices  for  one  year,  or  until 
the  election  and  qualification  of  their  successors,  and  the 
elections  for  mayor  and  councilmen  shall,  at  the  expi- 
ration of  the  terms  of  the  present  incumbents,  be  made 
annually  instead  of  biennially,  as  heretofore. 

Sec.  4.  And  be  it  further  enacted,  That  so  much  of  an 

acts^^eaie™*"^  act  to  incorporate  the  city  of  Selma,  "  approved  Feb- 
ruary Gth,  1858,  and  of  an  act  to  amend  the  charter  of 
the  said  cit}'  of  Selma,"  approved  February  24th,  1860, 
as  is  in  confiict  with  the  provisions  of  this  act,  be,  and 
the  same  is  hereby  repealed. 
Approved,  December  3,  1861. 


99  1861. 

No.  124.]  AN  ACT  " 

To  incorporate  the  Peusacola  and   Mobile   Rail  Road 
Oorapanj. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hcprescntativcs  of  the  State  of  Alabama  in  General  As scmbhj 
conveiiedy  ThatH.  Park  Watson,  Benjamin  Rusli  Jones, 
B.  Constantine  Jones,  Henry  C.  Seniple  and  A.  P.  commissioners. 
Watt  be,  and  they  are  hereby  appointed  commissioners, 
to  cause  books  to  be  opened  at  such  times  and  phices, 
and  by  such  persons,  as  they  or  a  majority  of  them  may 
prefer  or  select,  for  subscriptions  to  the  capital  stock  of 
tbe  Pensacola  and  Mobile  Rail  Road  Compan}-  of  the 
State  of  Alabama. 

Sec.  2.  Beit  further  enacted,  That  the  commissioners  x.j„p  or  g^gt 
appointed  by  the  foregoing  section,    shall  assemble   in  meeting. 
tlie  city  of  Montgomcr}^  on    the    1st  Monday  in  June, 
1862,  or  on  such  day  thereafter  as  a  majority  of  them 
may   agree   upon  ;  and  a  majority  being  present,   they 
shall  appoint   the   times   and   places,  when  and  where 
said  subscription  books  shall  be  opened,  and  they  shall  opening  or  fnh. 
determine  the  amount  to  be  paid  on  each  share,  at  the  ""'p"""  »««''•»• 
time  of  subscribing,  and  they  shall  cause  notice  thereof 
to  be  published  in  such  newspapers  as  they  may  deem  ^^.^ .     ^^ 
advisable  at   least  ten  days  before  the  day  or  days  ap- en. 
pointed  for  the  opening  of  said  books ;  which  said  books 
shall  be  kept  open  for  twenty  days,  or  until  the  sum  of  Book?  open  (or 
one  hundred  thousand  dollars  has  been   subscribed   to  """"'-^  ^'•^'*- 
the  capital  stock  of  .said  company. 

Sec.  .3.    Be  it  further  cn/f-ted.  That  whenever  the  said 
commissioners   shall  find   upon   examination   that  the  are  subgcribci 
sum  of  one  hundred  thousand  dollars  or  more  has  been  pjfrnt" '""'■  '^"'^' 
subscribed  to  the  capital    stock  of  said  company,  then 
the  subscribers,  and  those  whom  the}-  may  at  any  time 
associAte  with  them,  their  successors  and  assignees,  shall 
be  and  they  are  hereby  made  and  created  a  body  politic 
and  corporate,  by  the  name  of  the  Pensacola  and  Mobile  j^. 
Rail  Road  Company,  and  l)y  that  name  shall  have  jicr- 
pctual  succession,  and  a  common  seal,  with  a  capacity 
to  hold,  have,  receive  and  enjoy,  to  them  and  their  as- 
signs and  successors,  property   and  estate  of  whatever 
nature  and  quality,  and  the  same  to  alien,  hold,  tran.sfcr 
and  dispose  or,  so  tar  as  may  l»e  neces.sar}'  to  carry  into  eompanv 
etfeot  the  object  of  this  charter,  which  is  hereby  declared 


1861.  100 


-.StA. 


i 


to  be  the  construction  and  maintenance  of  a  rail  road 
from  HuU's  bridge  on  the  Perdido  river  to  some  point 
on  the  east  side  of  Mobile  Bay  or  to  some  point  on  the 
Mobile  and  Great  ISTortbern  Rail  Road :  Provided,  The 
connection  with  such  road  shall  only  be  made  by  and 
with  the  consent  of  the  Mobile  and  Great  Northernjij 
Rail  Road  Company. 
A  ceuerai  meet-  Sec.  4.  Bc  it  fuvthcr  ciiaded.  That  whenever  upon 
rt^J.'r-*''*^*"'^'"  examination  of  said  subscription  books,  the  sum  of  one 
hundred  thousand  dollars,  or  more,  has  been  subscribed 
to  the  capital  stock  of  said  Penaacola  and  Mobile  Kail 
Road,  the  commissioners  appointed  under  the  first  sec- 
tion of  this  act,  a  majority  of  them  being  present,  shall 
call  a  general  meeting  of  the  subscribers  at  such  time 
and  place  as  the  commissioners  may  appoint,  and  at 
such  meeting  the  subscribers,  or  a  majority  of  them  in 
value,  shall  elect  seven  directors  by  ballot,  to  manage 
the  affairs  of  said  company  for  the  ensuing  year,  and 
the  commissioners  aforesaid,  or  any  three  of  them,  shall 
be  judges  of  said  first  election  for  directors,  and  the 
directors  then  chosen  shall  elect  amongst  themselves 
President  ofthe<^^'<^  ^f  their  numbcr  to  be  President  of  said  company, 
bcara.  and  shall  allow  him   such   compensation  as  they  may 

think  proper,  and  on  all  occasions   whenever  a  vote  of 
stockholders  shall  be  taken,  each  stockholder  shall  be 
^IchThare?      allowcd  ouc  votc  for  evcry  share  of  stock  owned  by  him 
or  her;  and  any  stockholder  may  depute  any  other  per- 
prnxy.  son  to  votc  for  him  or  her,  as  his  or  her  proxy,  by  writ- 

ton  authority. 
If  directors  not       ^EC.  5.  B 6  it  furthcT  eiiacted ,  That  in  case  it  shall  s 
elected  on  ccr-  happen  that  an  election  for  directors  shall  not  be  mad 

tam  dav,  compa-        -l  1  •  i  i  i        i  n        •  -\ 

Bynotdiesoivej  ou  the  day  appointed  by  the  laws  ot  said  company,  sai 
company  shall  not  be  dissolved  on  that  account,  but 
such  election  may  be  holden  on  any  other  day  which 
shall  be  appointed  by  the  directors  of  said  company, 
and  if  necesary  such  meeting  may  be  adjourned  from 
Pover  to  fill  va- day  to  day  until  such  election  can  be  made;  and  said 
cancies.  dircctoi's  shall  have  power  to  fill   any  vacancy  which 

may  occur  in  the  board  by  death,  resignation  or  other- 
wise. 

Sec.  6.  Be  it  further  enacted,  That  the  directors  shall 

mmuK'^^"^^''^®  *^^^^^^'^  ^'^""^^'y  ^J  t^^*^  stockholders  of  said  com- 
pany, and  shall  hold  their  oflices  until  their  successors 
are  elected,  and  the  directors  so  elected  shall  elect  a 
President  from  among  themselves. 


101 


1861. 


Sec.  7.  Be  it  further  enacted,  That  the  said  president  p^,,,,,  ^^  p,,.i. 
and  directors  may  appoint  all  such  officers,  engineers,  1^l-^f^^^:^X 
agents  and  servants  and  confer  upon  them  such  power 
and  authority  as  they  may  deem  necessary  to  carry  on 
the  business'of  said  company,  they  shall  fix  the  com- 
pensation to  be  allowed  them,  or  give  authority  to  do 
so  to   the  president  of  the  company,  and  may  remove 
all  such  officers,  engineers,  agents,  and  servants,  at  their 
pleasure,  and  they  shall  have  power  to  pass  all  such  by- 
laws, rules  and  regulations  as  they  may  consider  ncces-  ou.cr  power.. 
sary  for  the   good  government  of  the  corporation,  its 
officers,  agents,  and  servants,  and  for  carrying  into  effect 
the  object  of  this  act :  Prodded,  only,  That  such  by- 
laws and  regulations  shall  not  be  contrary  to  the   con- 
stitution or  laws  of  this   State   or   of  the  Confederate 
States. 

Sec.  8.  Be  ii  further  aiaded,  That  the  said  president  ^,,.,i,i^„^,,„^,. 
and  directors  may  open  at  such  times  and  places  as  they  scriptions. 
may  think  proper,  books  to  receive  additional  subscrip- 
tions to  the  capital    stock  of  said  company  upon  such 
terms  and  conditions  as  they  may  provide,  which  capi- 
tal stock  may  be  added  to  from  time  to  time,    until   itLimu. 
shall  amount  to  the  sum  of  one  million  of  dollars. 

Sec.  0.  Be  it  further  enacted,  That  the  said  president  power  to  ro.,uire 
and  directors  shall  have  power   to   require   the   stock-  ^'uaimeiiu  '" 
holders  of  said  company   to  pay  such  installments  on 
their  respective  shares  of  stock  in  said  company,  at  such 
times  as  they  may  think   best  for  the  interest  of  said 
company,  and  upon  the  failure  or  refusal  of  any  stock- 
holder to   pav  the   installment  required  on  his  or  her 
stock,  in  pursuance  of  any  call  made  by  said  president 
and  directors  as  aforesaid,  said  president  and  directors 
may,  upon  giving  twenty  days  notice,  proceed  to  sell 
at  public  auction  the  share  or  shares  of  said  defaulting 
stockholder,  or  such  part  as  they  may  think  proper,  to 
the  highest  bidder,  and  cause  to  be  transferred  on  the 
books  of  said  company  the   stock  so  sold,  to  the  pur- 
chaser; and  if  on  sale  of  the  shares  of  stock   held  by 
said  defaulting  stockholder,  said  stock  should  be  sold 
for  less  than  the  amount  due   upon   the   installments 
which  may  have  been  called  in,  said  stockholder  shall 
be  liable  to  pay  to  said  company  the  deficiency  in  man- 
ner and  form  hereinafter  specified. 

Sec.  10.  Be  it  farther  enadcd,  That  upon  the  failure  P-..n|»|o^of^^^ 
or  refusal  of  any  stockholder  to  pay  any  installments 


1861. 


102 


Proceedings, 


called  for  by  the  president  and  directors  of  said  company 
or  It  upon  the  sale  of  the  stock  held  by  said  stockholder 
It  should  be  sold  for  less  than  the  amount  due  upon  install- 
ments called,  then  the  said  president  and  directors  on 
givuig  twenty  days  notice  to  said  defaulting  stockholder 
niay  proceed  by  their  attorney,  to  move  the  circuit  court 
ot  the  couuty  in  which  said  stockholder  may  reside  for 
jud^Grment  against  the  stockholder  for  the  amount  called 
tor  by  the  said  president  and  directors  of  said  company 
or  as  the  case  may  be,  for  any  balance  or  deficiency  that 
may  be  due  to  said  company  on  said  installment  so 
called  for,  after  the  sale  of  any  stock  held  in  said  com- 
pany by  said  defaulting  stockholder;  and  said  court  is 
hereby  authorized  and  empowered  and  required  to  ren- 
der judgment  against  said  defaulting  stockholder,  at  the 
term  ot  the  court  at  which  said  motion  is  made;  and 
all  notices  required  to  be  given  to  any  defaulting  stock- 
holder, shall  be  issued  by  and  in  the  name  of  the  com- 
pany and  signed  by  the  secretary  of  said  company,  and 
said  notice  shall  be  served  by  the  sheriff  or  other  legal 
olfacer  of  the  county  in  which  said  stockholder  may  re- 
side, and  said  notice  shall  be  executed  and  returned  bv 
said  ofhcer  to  the  office  of  the  clerk  of  the  court,  as  in 
the  case  of  common  writs. 

Sec.  11.  Be  it  further  enacted,  That  said  company  is 
hereby  authorized  to  purchase,  receive  and  hold  such 
lands  and  other  property  as  may  be  necessary  and  con- 
venient for  accomplishing  the  object  for  which  this  in- 
corporation IS  chartered,  and  may  by  its  agents,  survey- 
ors, engineers  and  servants,  enter  upon  all  lands  through 
which  they  may  deem  it  necessary  to  make  said  road, 
Make  selections  and  to  survcy,  locatc  and  contract  for  land  upon  which 
to  construct  said  road  and  upon  which  to  erect  their 
station  houses,  depots,  workshops,  buildings  and  turn- 
outs, and  for  such  other  uses  and  purposes  as  may  be 
necessary  for  the  operation  of  said  road. 
Proceedings  Sec.  12.  Bc  U  furthcr  enacted,  That  if  said  company 

n;Tni^l;eTr:c^;l"ot  agree  with  the  owners  of  the  land  through 
erof^nndeannot  which  they  may  desire  the  road  to  pass,  or  with  aSy 
person  having  the  authority  to  grant  the  right  of  way, 
by  sale  or  otherwise,  it  shall  and  may  be  lawful  for  the 
clerk  of  the  circuit  court  of  the  county  in  which  said 
lands  may  he,  on  the  application  of  said  company  or 
Its  agents,  and  he  is  hereby  required  to  issue  a  writ  of 
ad  quod  damnum,  commanding  the  sheriff  that  without 


A?  tc)  lands  and 
otliiT  J  roperty. 


lOS  1861. 

delay  he  cause  a  jury  of  seven  good  and  lawful  men  to 
be  upon  such  lands  on  a  day  tt)  be  by  the  sheriff  fixed 
and  appointed,  and  whereof  it  shall  be  his  duty  to  give 
notice  to  the  owner,  or  if  he  or  she  be  a  minor  or  a 
lunatic,  to  his  or  her  guardian  at  least  five  days  before 
such  da}^,  if  they  be  w^ithin  his  county,  or  if  not,  or  if 
the  owners  be  unknown,  non-residents  or  absent  from 
the  State,  this  notice  shall  be  given  by  advertisement, 
to  be  by  said  sheriff  posted  in  some  public  or  conspicu- 
ous place  in  the  neighborhood  of  said  laud  at  least  ten 
days  before  the  appointed  day,  and  also  by  advertise- 
ment of  the  same  in  some  newspaper,  published  nearest 
the  land,  at  leastthree  weeks  by  weekly  insertions  prior 
to  said  da}';  and  then  cause  said  jury  after  being  duly 
sworn  by  the  sheriff  or  a  justice  of  the  peace,  to  make 
true  inquest  of  the  damage  that  will  be  sustained  by 
said  owner  or  estate,  by  reason  of  making  such  road 
through  such  land,  and  by  using  so  much  thereof  as 
may  be  necessary  therefor,  not  exceeding  one  hundred 
feet  on  each  side  of  the  road,  for  the  construction  of 
said  road  through  said  land,  and  not  exceeding  fifteen 
acres  at  any  one  place  for  such  station  houses,  depots, 
buildings  and  turnouts  as  may  be  necessary  for  the  bene- 
fit of  said  company.  If  any  juror  shall  fail  to  appear,  or 
by  reason  of  challenge  or  otherwise  shall  fail  to  appear, 
the  said  sheriff"  shall  fill  said  jury  as  soon  as  possible, 
and  if  they  fail  to  reudera  verdict,  the  said  sheriff"  shall 
again  on  the  same  or  on  some  subsequent  day,  empanel 
a  new  jury  or  jurors  until  a  verdict  be  had,  such  ver- 
dict and  inquest  regularly  certified  by  said  sheriff",  shall 
be  returned  to  the  office  of  the  clerk  of  the  circuit 
court  of  the  county  in  which  said  lands  lie,  and  there 
remain  among  the  records,  and  such  verdict  shall  vest 
in  said  company  the  right  to  use  such  land,  timber  and 
stone,  granted  for  the  purposes  of  the  said  company, 
on  the  payment  or  tender  of  payment  of  damages  there- 
on assessed  against  said  company,  and  in  case  of  per- 
sons non-resident  or  unknown  as  aforesaid,  or  upon  the 
refusal  of  said  persons  to  receive  the  amount,  tlie 
placing  of  such  damages  to  the  credit  of  the  owner  in 
the  hands  of  the  probate  judge  of  the  county  in  which 
said  lands  may  be,  shall  be  deemed  and  taken  as  pay- 
ment, and  such  judges  shall  be  liable  on  their  bonds  to 
make  due  payment. 

Sec.  13.  lie  it  further  enacted,  That  the  jurors  trying 


1861,  104 

Oath  of  jurors  ^^^^  causG  shall  take  the  following  oath,  which  oath  the 
suinmonedto  as- sheriff  or  his  deputy  acting  iu  said  case  is  hereby  au- 
thorized to  administer  :  You,  and  each  of  you,  do  swear 
or  affirm,  as  the  case  may  be,  that  you  will  well  and 
truly  try  the  case  now  pending  and  submitted  to  your 
decision  between  A.  B.,  complainant,  and  the  Pensacola 
and  Mobile  Railroad  Companj-  of  Alabama,  defendant, 
and  that  you  will  take  into  consideration  the  advantages 
which  said  owner  will  derive  from  the  increased  value 
of  his  land  caused  by  the  construction  of  said  road,  as 
well  as  the  injury  and  damage  which  may  be  done  to 
him  by  the  use  of  the  land,  timber,  stone,  &c.,  for  the 
construction  and  maintenance  of  said  roads,  so  help 
Proviso.  you  God  :  Provided^  That  in  no  case  shall  the  owner  of 

the  land  be  brought  in  debt. 
Either  party  Sec.  14.  Be  it  fuHher  eiiactedy  That  either  party  may 

mayapijeai.       appeal  to  the  ucxt  circuit  court,  held  after  the  assess- 
ment, by  application  to  the  clerk  of  the  court  within 
thirty  days  after  such  assessment,  and  upon  giving  se- 
curit}"  for  the  prosecution  of  such  appeal,  and  in  case 
the  appeal  is  made  by  the  corj^oration  for  judgment, 
which  may  be  rendered  against  it  on  appeal. 
Trial  of  appeals.      Sec.  15.   Be  U  fuHhcr  euacted',  That  the  trial  of  such 
appeal  shall  be  de  novo,  and  if  the  corporation  is  the 
appellant,  and  the  damages  assessed  are  equal  to  or 
As  to  costs.       greater  than  found  on  the  previous  inquest,  the  appel- 
lant must  pay  the  costs,  and  the  court  may  award  not 
exceeding  ten  per  cent,  damages  if  of  the  opinion  that 
the  appeal  was  taken  for  delay  merely. 
Costs  against  the      Sec.  16.  Bcit  further  enacted,  That  in  case  the  appeal 
ulinclle  *  ^*^'^'  '^^  "*^t  taken  by  the  corporation  and  the  appellant  does 
not  recover  more  damages  than  were  assessed  to  him, 
judgment  for  cost  must  be  rendered  against  him  ;  on 
such  appeals  when  judgment  is  against  the  appellant, 
execution  may  issue  against  his  security. 
No  hindrance  to      Sec.  17.  Be  it  fuvthcr  cnucted,  That  the  work  of  sur- 
"^^workbyap-  ycying,  locatiug  and  constructing  said  railroad,  shall  iu 
no  wise  be  hindered  or  delaj^ed  on  account  of  the  pro- 
ceedings had  under  the  provisions  of  the  foregoing  sec- 
tions of  this  act. 
Penalty  for  inju-      ^^^"  ^^-  Be  it  furtlwr  euacted,  That  in  case  any  per- 
ring  or  obstruct-  SOU  shall  wilfully  injurc  or  obstruct  said  road,  or  delay 
mg  le  roa  .     ^^^^  coustruction  thcrcof,  he  shall  forfeit  and  pay  to  said 
company  three  times  the  amount  of  damages  it  may 
have  sustained  in  consequence  thereof,  to  be  sued  for 


lOS*^     '^  1861. 

and  recovered  in  the  same  manner  as  required  by  law 
for  such  individuals  in  like  case,  and  on  complaint  to 
any  magistrate  within  whose  jurisdiction  such  otienso  . 
shall  be   committed,  it   shall   be  the  duty  of  the   said 
mas-istrate  to  bind  the  person  or  persons  so  offcndins:,  «    .r    „^^i 

.  ?  n'    •  •  n       1  •  1      •  111         •  ^    BonJ  for  good 

With  sumcient  security,  lor  his  or  their  good  behavior,  behavior. 
for  a  period  of  not  less  than  one  year,  and  such  oftender 
shall   in   addition  be  subject   to  all  the  penalties  now 
provided  by  law  for  such  offences. 

Sec.  19.  Be  it  further  enacted^  That  whenever  it  shall 
be  necessary  for  the  construction  of  said  road,  to  inter- e3°ovc7*^8trJanfC 
sect   or  cross   any   stream   of  water  or  water  course, 
whether  navigable  or  not,    it   shall   be  lawful   for  said 
company  to  construct  across  said  stream  bridges,  which, 
if  upon  navigable  streams,  shall  be  with  draws  of  suf- 
ficient  width   to   admit   the    safe  passage  of  steam  or  Not  to  obstruct 
other  vessels  navigating  said  stream,  to  be  built  upon  navigation. 
such  plan  as  will  allow  the  passage  safely  of  steam  or 
other  vessels,  by,  around,  or  under  such  bridges,  and 
provided  that  said  company  shall  keep  at  all  times,  day 
and  night,  proper  watchmen  to  avoid  delay  in  the  pas- 
sage  of  such  steam  or  other  vessels  as  may  navigate 
said  stream. 

Sec.  20.  Be  it  further  enacted,  That  if  it  shall  be  ncces-  Public  roads  may 
sary  for  said  company  to  continue  the  rail  road  across ''f"'^";''f°I,, 

"  ^  ^•  1  ^  •    1  •  i    chauged  in  cer- 

or  upon  any  public  road  or  highway,  or  in  case  such  tain  cases. 
public  road  or  highway  is  so  located,  that  said  road 
cannot  be  judiciously  laid  out  and  constructed  across 
or  upon  the  same  without  interfering  therewith,  in  such 
case  or  cases,  said  corporation  may  by  their  engineers 
cause  such  road  or  highway  to  be  changed  or  altered  in 
such  manner  that  said  rail  road  may  be  made  on  the 
best  site  of  ground  for  that  purpose  :^  Pro!;?V/a/,  That 
said  road  or  highway  shall  be  put  by  said  corporation 
in  as  good  repairs  as  it  was  at  the  time  of  altering  or 
changing  the  same. 

Sec.  21.  Be  it  further  enacted,  That  the  president  and  Board  may bor- 
directors  of  said  company  shall  be  and  they  are  hereby  gSndsf  &^."" 
autliorized  and  empowered  to  borrow  money  to  carr}^ 
into  effect  the  object  of  this  act,  to  issue  notes,  bonds  • 
or  other  obligations  for  the  payment  of  the  same,  in 
such  form  and  payable  at  such  times   and  places,    and 
bearing  such   rates   of  interest  as  they  may  prescribe, 
and  tlie  said  president  and  directors  are  hereby  invested  mortage"." 
with  full  authority  and  power  to  mortgage  their  road 


1861. 


106 


and  property,  and  the  franchise  of  said  company,  to 
secure  the  payment  of  the  same,  by  deed  of  trust  or 
otherwise,  and  they  have  full  power  to  hypothecate, 
sell,  or  otherwise  dispose  of  the  promissory  notes, 
bonds,  or  other  obligations,  of  any  person  or  persons, 
or  of  any  corporation,  and  if  necessary  to  guarantee  the 
payment  of  the  same  by  endorsement  or  otherwise. 

Sec.  22.  Be  it  further  enacted,  That  after  the  comple- 
tion of  any  part  of  said  road,  the  said  Pensacola  and 
Mobile  Rail  Road  Company  may  levy  and  collect  tolls  on, 
and  from  all  persons  and  for  all  property,  merchandize, 
and  other  commodity  transported  thereon,  and  said 
company  may  contract  for  the  transportation  of  the 
mail,  and  for  the  exclusive  right  to  use  their  passenger 
train  for  expressing  goods,  wares,  merchandize  and 
money. 

Sec.  23.  Be  it  further  enacted,  That  all  the  hands  be- 
from  road  duV  lougiug  to  or  employed  by  said  company  on  their  road, 
works,  or  engines,  are  hereby  declared  to  be  exempt 
from  road  duty  in  the  several  counties  through  which 
said  road  may  run. 

Approved,  December  9,  1861. 


May  levy  and 
collect  tolls. 


Other  rights. 


Hands  exempt 


Xo.  125.] 


a:n"  act 


To   amend  the  Charter  of  the  Alabama  "and  Florida 
Rail  Road   Company. 


Extend  track 
through  city  of 
Montgomery. 


Privileges  as  to 
right  of  way  con- 
ferred. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Alabama  and  Florida  Rail  Road 
Company  is  hereby  authorized  to  extend  the  track  of 
their  rail  road,  from  a  point  at  or  near  its  present  ter- 
minus near  the  city  of  Montgomery,  through  said  city 
to  the  depot  of  the  Montgomery  and  West  Point  Rail 
Road,  and  to  make  such  connection  with  said  Mont- 
gomery and  West  Point  Rail  Road  as  the  said  compa- 
nies may  agree  upon. 

Sec.  2.  Be  it  further  enacted,  That  all  the  privileges 
granted  to  said  Alabama  and  Florida  Rail  Road  com- 
pany, under  their  act  of  incorporation,  or  under  any 
amendments  made  thereto,  are  hereby  fully  conferred 


lOV  1861. 

upon  said  company,  to  enable  them  to  obtain  the  right 
of  way  throupjh  said  city. 
Approved,  December  3,  1861. 


No.  126.]  AN  ACT 

To  explain  an  Act,  entitled  an  Act  to  incorporate  the 
Mobile  and  Spring  Hill  Rail  lload  Company. 

Whereas  the  power  is  given  by  said  act  to  the  muni- 
cipal authorities  of  the  city  of  Mobile  to  impose  an  an- 
nual tax  of  one  dollar  on  every  one  hundred  dollars  of 
the  gross  earnings  of  said  companj^  and  by  the  terms 
of  said  act,  the  said  municipal  authorities  claim  the 
right  to  impose  the  said  tax  upon  the  gross  earnings  of 
said  company,  outside  of  the  corporate  limits  of  said 
city,  and  to  collect  the  same  by  the  said  city's  tax  col- 
lectors, contrary  to  the  spirit  and  intent  of  said  act,  and 
to  the  manifest  justice  of  the  case,  since  the  company 
receive  none  of  the  franchises  or  privileges  from  said 
municipal  authorities,  outside  of  the  city  limits ;  now. 
therefore, 

Be  it  enacted  hij  the  Senate  and  House  of  Eepresentativcs 
of  the  State  of  Alabama  in  General  Assembly  convened^ 
That  the  true  intent  and  meaning  of  said  act,  is,  that '^'""^^eaning. 
the  said  municipal  authorities  should  only  have  the  Tax  on  earnings 
power  to  impose  the  said  tax  on  the  gross  earnings  of  Mobue."'"*''*^''' 
said  company,  within  the  limits  of  the  said  city   of 
Mobile. 

Approved,  November  11,  1801. 


No.  127.]  AN  ACT 

To   amend  the  Charter  of  the  Opelika  and  Talladega 
Kail  Road  Company. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the   Opelika  and  Talladcf?a  Rail  Road  _    , 
Company,  be,  and  is  hereby  fully  authorized  and  em- tended  to  tus- 
powered,  in  addition  to  the  powers  conferred  by  their  *^'""''''*' 


1861. 


108 


Bights,  &c.,  ap 
plied  to  exten- 
sion. 


Name  changed 


Capital  stock 
raised. 


"Confederate 
States"  for ' 
ted  States.' 


charter,  to  extend  and  construct  their  rail  road,  on  a 
route  to  be  chosen  by  them,  from  its  terminus  on  the 
Alabama  and  Tennessee  rivers  rail  road  to  the  town  of 
Tuscumbia. 

Sec.  2.  Be  it  further  enacted,  That  all  the  rights,  priv- 
ileges and  immunities  of  their  present  charter  of  said  rail 
road  company,  be  applied  to  the  aforesaid  portion  of  the 
way,  between  the  Alabama  and  Tennessee  rivers  rail 
road  and  the  town  of  Tuscumbia. 

Sec.  3.  Be  it  further  enacted,  That  the  name  of  the 
Opelika  and  Talladega  Rail  Road  Company  be,  and  is 
hereby  changed  to  that  of  the  Opelika  and  Tuscumbia 
Rail  Road  Company. 

Sec.  4.  Be  it  further  enacted,  That  to  enable  the  said 
rail  road  company  to  construct  the  said  portion  of  their 
road,  between  the  Alabama  and  Tennessee  rivers  rail 
road  and  the  town  of  Tuscumbia,  the  capital  stock  of 
said  company  may,  and  is  hereby  authorized,  to  be 
raised  to  the  sum  of  $4,500,000. 

Sec.  5.  Be  it  further  enacted,  That  in  section  3  of  the 
uni-  act  of  incorporation  of  said  Opelika  and  Talladega  Rail 
Road  Company,  approved  December  the  9th,  1859,  the 
words  "United  States"  be  stricken  out,  and  "Confeder- 
ate States"  be  inserted  in  lieu  thereof 

Approved,  November  9,  1861. 


:N'o.  128.] 


XE  ACT 


To    establish   a  bank  in  the  city  of  Tuskaloosa,  to  be 
called  the  Western  Bank  of  Alabama. 


Bank  establish- 
ed. 
Capital  etoclr. 


Commissioners. 


Section  1.  Be  it  enacted  hy  the  Seriate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assem- 
hly  convened,  That  a  bank  be  established  in  the  city  of 
Tuskaloosa,  the  capital  stock  of  which  shall  not  exceed 
six  hundred  thousand  dollars,  divided  into  shares  of  one 
hundred  dollars  each. 

I  Sec.  3.  Be  it  further  enacted,  That  L.  B.  McNeal,  R. 
C.  McLester,  John  Glascock,  E.  B.  Vaughn,  John  W. 
Pratt,  James  C.  Spencer  and  Joseph  P.  Turner,  be  au- 
thorized as  Commissioners  to  receive  subscriptions  for 
shares  of  stock,  not  to  exceed  six  hundred  thousand 
dollars.     The  said   Commissioners,   or  a  majority  of 


109  1861. 

them,  shall  designate  the  time  and  place  for  I'eceiving  ^^^^^  j„  ^^ 
subscriptions  to  said  stock,  and  shall  keep  books  open  opened  for  eub- 
and  receive  subscriptions  for  thirty  days,  unless  the  said  ^'"■'''"°"''- 
amount  of  six  hundred  thousand  dollars  be  sooner  sub- 
scribed, and  in  any  event  shall  keep  books  open  for  ten 
days,  and  until  as  much  as  two  hundred  thousand  dol- 
lars be  subscribed.     The  said  Commissioners  shall  give 
at  least  thirty  days  previous  notice  of  the  opening  said  wTanVhow.^'^' 
books  by  advertisement  in   at  least  three  public  news- 
papers published  in  this  State  and  elsewhere,   in  their 
discretion,  and  they  shall  keep  a  correct  record  of  all 
their  proceedings. 

Sec.  3.  Be  it  further'  enacted,  That  at  the  time  of  Five  dollars  per 
admitting    such    subscriptions    for     stock,    the     said  "hare  to  be  paid. 
Commissioners     shall    require    from     the    subecriber 
the  sum  of  five  dollars   for    each    share   subscribed; 
the  subscriber  shall  furtherpay  an  installment  of  fifteen 
dollars   per   share  within  ninety  days  after  the  day   of  other  in»toii- 
first  opening  the  said  books,  of  fifteen  dollars  per  share 
within  six  months  after  said  opening  day,  twenty   dol- 
lars per  share  within  nine  months   after   said  opening 
day,  twenty  dollars  per   share  within   twelve   months 
after  said  opening  day,    twenty-five   dollars  per  share 
within  fifteen  months  after  said  opening  day  ;  but  any  Digcretion  of 
subscriber   may,   if  he   thinks  proper,  pay  in  his  sub- »"^'"'''"- 
scription  at  earlier  days  than  above  limited,  and  in  such 
case  interest  shall  be  equalized  with   the   otlier  stock- 
holders upon  equitable  principles.     The  said  Commis- 
sioners  shall  deposit  all  moneys  received  by  them  for  **o'?.'^y'o  ^cde- 
safe  keeping  in  such  bank  or  other  place  of  deposit  as 
they  may  select,  until  the  said  new  bank  shall  go  into 
operation,  after   which  payment   shall  be  received  by 
itself.     The  Commissioners  shall  have  power  to  fill  va-^^^^^j^ 
canciesin  their  own  body,  occurring  by  death,  absence, 
or  refusal  to  act  until  their  duty  is  performed. 

Sec.  4.  Be  it  further  enacted,  That  whenever  a  sum  jr,ec(io„  ^f  o^. 
not  less  than  two  hundred  thouaand   dollars   or  more  «'<'"• 
than  six  hundred  thousand  dollars  shall  have  been  sub- 
scribed to  the  capital  stock  of  said  bank,  and  after  closing 
the  books  of  subscription,  and  after  half  of  the  capital 
stock  subscribed  shall  have  been  actually  paid  in  gold 
or  silver,  the  said  bank  may  elect  its  ofiicers  under  the 
following  conditions,  to-wit;  The   President   and  ]Ji- conditioni. 
rectors  of  said  bank  thus  appointed  shall,  without  loss 
of  time,    make  the  uecessary  arrangements  to  put  the 


1861.  110 

bank  in  operation  so  soon  as  pursuant  to  the  provisions 
of  this  act  the  bank  shall  possess  in  gold  and  silver  one- 
half  of  the  capital  stock  subscribed,  but  the  said  bank 
shall  under  no  pretext  whatever  commence  its  banking 
operations  by  discounting  bonds,or  uotes,orbills,by  loan- 
ing money  or  by  putting  into  circulation  its  own  notes, 
until  it  shall  actually  and  in  good  faith  have  in  posses- 
sion, of  its  own  absolute  property,  in  gold  and  silver, 
one-half  of  the  whole  amount  of  the  capital  stock  sub- 
scribed, and  shall  have  returned  to  the  Governor  of 
this  State  an  account  thereof,  verified  by  the  oath  or 
afiirmation  of  the  President  or  Cashier  for  the  time  be- 
ing, nor  shall  the  bank  so  commence  its  operations 
until  the  Governor,  satisfied  by  the  return  aforesaid, 
and  by  such  other  evidence  as  may  be  ofiered,  shall  issue 
fue^prociamauon  ^  proclamation  declaring  that  the  return  aforesaid  had 
been  duly  made,  and  that  it  appeared  to  his  satisfaction 
that  said  company  had  of  theirown  absolute  property  the 
amount  in  gold  and  silver  aforesaid,  and  were  authorized 
under  the  provisions  of  this  act  to  commence  their  bank- 
ing operations  as  aforesaid,  and  if  the  said  bank  without 
actually  and  in  good  faith  having  of  its  own  property 
the  amount  ot  gold  and  silver  as  aforesaid,  or  without 
having  made  return  thereof  as  aforesaid,  or  without 
the  proclamation  of  the  Governor  as  aforesaid,  shall 
commence  any  such  banking  operations  as  aforesaid, 
the  charter  hereby  granted  shall  be  null  and  void. 
Penalty  for  com-  ^^^^  ^^®  ^^^^  bank  shall  be  considered  to  all  intents  and 
mcncing  without  purposes  as  an  unchartered  bank,  and  if  more  subscrip- 

compliance  with  j-.      •^i  /j?i,,t/^  ••  ,  ,  '^ 

the  conditions,    tious    DC  Ottered   to  the  Commissioners  than  they  are 
authorized  to  receive,  they  shall  scale   and   allow  the 
Ecriptions  to  be  subscriptious  in  such  mode  as  they  shall  deem  equitable, 
scaled.  giving  in  all  cases  the   preference   to   subscribers  who 

shall  be  resident  citizens  of  Alabama;  and  if  still  ne- 
cessary, they  shall  reduce  the  largest  subscriptions  so  as 
to  form  the  proper  amount  of  capital  stock  and  no 
more ;  Prouided,  that  no  other  bank  shall  be  allowed  to 
take  stock  in  said  bank. 
Booivs  maybe  ^^^*  ^'  -^^  *'^  A^^^/^er  C9iac^ec?,  That  if  on  closing  the 
opened  again,  books  a  Sufficient  capital  shall  not  be  subscribed  to  au- 
thorize the  bank  to  go  into  operation  under  the  terras 
of  this  act,  the  Commissioners  may  again  open  books 
afterwards,  at  such  times  and  places  as  they  may  direct, 
under  the  same  regulations  as  heretofore  provided, 
until  the  subscription  be  sufficient,  after  the  bank  officers 


Ill  1801. 

eliall  have  been  elected,  if  the  stock  is  not  full,  tbe 
Board  of  Directors  shall  have  power  to  cause  books  to 
be  opened  from  time  to  time  until  the  stock  and  capital 
be  full,  and  to  appoint  commissioners  to  receive  such 
subscriptions,  under  such  rules  as  they  may  prescribe  ; 
Frovidcd  thirty  days  notice  be  given  by  advertisement 
as  before  prescribed,  of  the  time  and  place  of  receiving 
such  subscription. 

Sec.  6.  And  be  it  further  enacted,  That  the  stockhold- Body  corporate 
ers  of  said  bank  and  their  successors  shall,  when  a  suffi-  ^f  Aiabama^^"" 
cient  amount  shall  have  been  subscribed  and  paid  in, 
be  and  they  are  hcreb}-  created  a  corporation  and  body 
politic,  by  the  name  and  style  of  the  Western  Bank  of 
Alabama,  and  shall  so  continue  until  the  first  day  of 
June,  1892,  and  by  that  name  shall  be  and  they  are  de- 
clared able  and  capable  in  law  to  have  and  own,  pur- 
chase, receive,  possess  and  retain,  to  them  and  their  sue-  "''■'^'''^s^*- 
cessors,  lands,  rents,  tenements,  hereditaments,  goods, 
chattels  and  eftccts,  of  whatever  kind,  nature  and  qual- 
ity, moneys,  obligations,  stocks,  bonds,  bills,  notes,  se- 
curities, and  choses  in  action,  of  whatever  kind  or  na- 
ture, and  the  same  may  sell,  grant,  demise,  alien,  con- 
vey and  dispose  of,  and  may  sue  and  be  sued,  plead  and 
be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  any  suit,  matteror  thing  depending  in  any 
court  of  law  or  equity,  and  shall  have  power  to  make, 
have  and  use  a  common  seal,  and  the  same  to  break, 
alter,  or  renew  at  pleasure,  also  to  ordain,  establish, 
alter  and  repeal  bylaws,  ordinances  and  regulations,  as 
they  may  deem  necessary  and  convenient  from  time  to 
time  for  the  government  of  said  corporation,  not  being 
contrary  to  the  constitution  and  laws  of  the  Confeder- 
ate States,  or  of  the  State  of  Alabama ;  also  to  make 
loans  and  discounts,  deal  in  money,  notes,  bills  of  ex- 
change, bonds,  mortgages,  and  securities  of  all  kinds, 
to  receive  deposits,  to  make  and  issue  bank  notes,  pay- 
able on  demand,  to  bearer,  and  to  make  all  contracts, 
and  transact  all  such  business  as  is  usually  transacted 
by  banks,  and  as  are  within  the  scope  of  banking  opera-  ^  „ 

tious,  and  generally  to  do  and  execute  all  and  singular 
the  acts,  matters  and  things  which  to  them  it  shall  apper- 
tain to  do  as  incident  to  l)odies  corporate,  subject  liow- 
ever  to  tlie  rules  and  limitations  herein  contained; 
Provided,  the  said  bank  shall  not  in  any  case  deal  in  or  ^"''''=''^'"' 
purchase  merchandise,  produce,  or  personal  property  of 


1801. 


112 


Board  of  direct 
on. 


ilow  elected. 


First  election. 


President. 


Election  of  di- 
rectors annual. 


any  kind,  or  real  estate,  except  for  its  necessary  banking 
houses,  buildings  and  purposes,  or  by  way  of  securing 
the  debts  due  to  it,  nor  shall  it  issue,  or  cause  to  be 
made  for  circulation  as  currency  any  notes  or  bills  that 
are  not  payable  on  demand. 

Sec.  7.  Be  it  further  enacted,  That  the  affairs  of  said 
bank  shall  be  managed  by  seven  Directors  elected  an- 
nually by  the  stockholders  of  said  bank.  At  all  elec- 
tions the  stockholders  shall  elect  the  Directors,  and 
shall  vote  according  to  the  ratio  and  scale  of  votes 
following:  Each  shareholder,  for  every  share  he  may 
hold  not  exceeding  twenty-five,  may  give  one  vote; 
for  every  two  shares  above  twenty-five  and  under  fifty, 
for  every  three  shares  above  fifty  and  under  one 
hundred,  one  vote;  and  for  every  five  shares  over  one 
hundred  and  under  one  hundred  and  fifty,  one  vote; 
and  after  the  first  election  no  shares  shall  confer  a 
right  to  vote  which  shall  not  have  been  holden  by  the 
voter  three  calendar  months  previous  to  the  election. 
The  stockholders  shall  be  entitled  to  vote  either  in  per- 
son or  by  proxy ;  the  shares  of  infants  may  be  voted 
for  by  their  parents  or  guardians ;  if  married  women 
by  their  husbands  or  trustees  ;  if  corporations  by  their 
president;  and  if  co-partners  or  joint  owners,  by  either, 
unless  the  the  other  dissent,  in  which  case  neither  shall 
vote ;  and  all  powers  to  authorize  persons  to  vote  by 
proxy  shall  be  in  writing. 

Sec.  8.  Be  it  further  enacted,  That  the  first  election 
for  directors  shall  be  held  as  soon  as  may  be  after  the 
books  of  subscription  shall  be  closed,  and  a  sufiicient 
number  of  shares  be  subscribed  ;  the  said  commission- 
ers appointed  to  receive  subscriptions  shall  hold  said 
first  election  on  such  day  as  they  may  appoint,  after 
giving  thirty  days  notice  of  the  time  and  place  of  hold- 
ing the  same,  they  shall  certify  to  the  directors  the 
names  of  the  persons  elected ;  shall  hand  over  their 
records  to  them,  and  the  moneys  subscribed  and  paid. 
The  said  Board,  so  elected,  shall  proceed  to  elect  a 
President  from  their  own  number :  and  the  Board  shall 
continue  in  oflice  until  the  expiration  of  the  second 
Monday  in  January  following,  and  until  their  success- 
ors shall  enter  upon  their  duties.  The  subsequent  elec- 
tions for  directors  shall  be  held  at  the  banking-house 
on  the  second  Monday  of  January  in  each  year.  The 
new  Board  elected  shall  be  authorized   to   enter   upon 


%. 


113  1861. 

its  duties  on  the  clay  after,  and  continue  until  the  expi- 
ration of  the  second  Monday  of  January  next  there- 
after, and  until  their  successors  shall  organize  and  enter 
upon  their  duties.  The  polls  shall  be  held  by  three  Rnieainuieeiec- 
stockholdcrs,  other  than  directors,  appointed  by  the'*''"- 
Board  to  hold  the  same.  The  vote  shall  be  by  ballot 
under  such  regulations  as  the  bank  shall  prescribe,  but 
ten  days  notice  shall  be  given  of  such  election  in  one 
public  newspaper  of  the  county  in  which  said  bank  is 
located,  and  no  stockholder  shall  vote  at  any  time 
while  in  default  of  the  payment  of  his  installment  of 
stock. 

Sec.  9.  Be  it  further  enacted,  That  no  person  shall  be  Eligibility, 
a  director  unless   he   shall   own   one  thousand  dollars 
worth  ot  stock  in  said  bank,  bonajidc,  and  as  his  own 
property,    nor  unless    he   shall  be  a  resident  citizen  of 
this  State,  and  is  not  a  stockholder  in  any  other  bank. 

Sec.  10.  Be  it  further  enacted,  That  in  case  no  election  . 
should  be  made  of  Directors  or  President  at  the  time 
provided  by  this  act,  the  corporation  shall  not  be  for 
such  cause"deomed  dissolved ;  but  such  election  shall 
be  held  as  soon  after  as  may  be,  on  duo  notice.  The 
Board  shall  shall  have  power  to  fill  all  vacancies  in  the  fliicii.  '  ' 
office  of  President  and  of  directors.  8ix  months  ab- 
sence, removal  from  the  State,  transfer  of  stock  down 
to  a  sum  less  than  one  thousand  dollars ;  and  any  cause 
which  shall  prevent  the  attendance  of  such  oflicer  per- 
manently to  discharge  the  duties,  or  render  him  incapa- 
ble of  so  doing,  shall  vacate  the  seat  of  such  President 
or  director. 

Sec.  11.  Be  it  further  enacted,  That  the  President  and  rasiuerand  ©th- 
directors  of  sucli  bank  shall  have  power  to  appoint  a""^*^"'- 
cashier,  and  all  such  officers,  clerks,  agents  and  ser- 
vants as  may  be  necessary  from  time  to  time,  to  carry 
on  the  business  of  the  bank,  and  prescribe  tlieir  com- 
pensation and  duties,  and  to  require  proper  bonds  for 
the  faithful  discharge  of  their  duties  in  their  discretion, 
and  t<»  issue  bank  bills  payable  to  bearer  on  demand  at 
their  banking-house. 

Sec.   12.  JJe  it  further   enoded..  That   the   shares  ofgtocu assignable 
stock  in  said  bank  shall  be  assignable  and  transferrable 
according  to  such  rules  as  may  be  instituted  in  tliat  be- 
half by  the  bylaws  and  ordinances   of  the   bank,   and 
transter  books  shall  be  kept  for  that  purpose;  Provided^  Proriso. 
8 


1861. 


114 


Another  proviso. 


May  move  for 
judgment  in  cer 
tain  cases. 


that  incase  of  the  failureof  the  bank  within  six  months 
after  any  such  transfer  or  sale  of  stock,  the  party  sell- 
ii;g  and  the  party  purchasing  said  stock  sliall  be  each 
held  liable  for  the  payment  of  the  debts  of  the  bank  in 

Further  proviso.  P^'^P^^'^^^'^  ^^  tlic  stoclv  SO  transferred  ;  Provided,  further, 
that  no  transfer  of  stock  shall  be  made  so  as  to  ve^t  in 
any  one  stockholder  a  greater  number  than  one-fourth 
the  amount  of  the  whole  number  of  shares  subscribed 
for  in  said  corporation ;  And  jyrovided,  further,  that  the 
bank  shall  have  power  to  pass  bylaws  to  prevent  the  as- 
signment of  shares  by  parties  owing  debts  to  said  bank 
past  due,  until  such  indebtedness  be  paid,  and  to  with- 
hoUi  dividends  due  to  persons  so  being  in  default,  if 
they  deem  it  proper. 

Sec.  13.  Be  it  further  enacted,  That  if  any  person  or 
persons,  co-partnership  or  body  corporate,  shall  be  in- 
debted to  said  bank  as  maker,  endorser,  guarantee,  or 
as  drawer  or  acceptor  of  any  note,  bill  or  bond,  made 
expressly  negotiable  and  payable  at  the  said  bank,  and 
shall  delay  payment  thereof,  the  said  bank  may  move 
for  judgment  and  award  of  execution  against  such 
debtor  in  any  court  of  record  in  tlie  State  where  such 
defendant  may  reside,  or  corporation  so  indebted  be 
located,  and  judgment  shall  be  thereon  rendered  as 
may  be  lawful  and  proper ;  Provided,  that  the  defend- 
ant in  any  such  case  shall  have  at  least  thirty  days  per^' 
sonal  notice  of  such  motion  before  the  same  is  made, 
specifying  what  the  demand  is ;  Provided,  also,  that  at 
the  time  of  making  such  motion  the  bank  shall  produce 
and  file  a  certificate  ot  the  President  or  cashier  under 
the  seal  of  the  bank,  that  the  debt  claimed  is  really  and 

Further  ^'oviso.  bonajide,  the  property  of  the  bank.  Provided,  farther,  that 
if  any  defendant  shall  appear  and  contest  the  claim,  the 
court  shall  require  the  bank  to  file  its  declaration,  and 
the  defendant  his  pleas,  and  to  cause  issue  to  be  joined 
in  law  or  fiict,  to  be  tried  instanter  or  during  the  terra, 
as  the  court  may  direct,  by  jury  or  by  the  court,  as  the 
case  may  be,  unless  on  sufficient  cause  shown  it  be 
necessary  to  continue  the  cause,  and  the  court  shall  give 
judgment  as  may  be  proper;  And  provided,  further,  thsit 
the  summary  remedy  thus  given  shall  not  preclude  any 
other  mode  of  redress  which  may  be  lawful  to  enforce 
the  rights  of  the  bank. 

Sec.  14.  Be  it  further  enacted,  That  the  said  remedies 
given  for  the  collection  of  debts  due  the  bank,  shall  be 


Bequirements. 


Proviso. 


Eemedics  recip' 
procal. 


115  1861. 

reciprocal  for  and  against  the  bank;  and  in  motions 
against  the  bank  no  certificate  shall  be  required  to  be 
filed  as  above  set  forth,  and  the  courts  of  record  in  the 
county  in  which  said  bank  is  located,  having  jurisdic- 
tion, shall  hear  motions  for  the  recovery  of  all  debts 
due  by  said  bank,  and  in  all  suits  against  said  corpora- 
tion service  of  process  on  the  President  or  cashier  shall 
be  sufiicient  to  bring  the  defendant  into  court. 

Sec.  15.  Be  it  further  enacted.  That  the  said  bank  shall  Fundamenfaiar- 
be  subject  to  the  following  rules  and  regulations,    and  '"''''''• 
they  are  declared  to  be  fundamental  articles  in  the  con- 
stitution of  said  corporation,  to-wit: 

Art.  1.  The  banks  shall  not  commence  operations 
until  half  of  the  capital  stock  subscribed  for  be  actu- 
ally paid  in  gold  or  silver,  which  amount  shall  in  no 
case  be  less  than  one  hundred  thousand  dollars. 

Art.  2.  Thai  the  stockholders  in  said  bank  shall  be 
bound  respectively  for  all  the  debts  of  the  bank  in  pro- 
portion to  their  stock  holden  therein,  and  this  provision 
shall  in  no  wise  aft'ect  or  impair  the  provisions  of  the 
twelfth  section  of  this  act. 

Art.  3.  The  bank  shall  not  be  authorized  to  issue  or 
have  in  circulation  at  any  one  time  notes  or  bills  of  the 
bank  to  an  amount  exceeding  twice  the  amount  of  its 
capital  stock  actually  paid  in,  and  in  case  of  an  issue 
greater  than  herein  allowed  the  President  and  directors 
under  whose  administration  it  may  happen  shall  be  lia-..  u.„. 
ble  tor  the  same  in  their  natural  and  private  capacities, 
and  actions  may  be  brought  against  them,  or  either  of 
them,  in  any  court,  by  any  creditor  of  said  corporation, 
and  may  be  prosecuted  to  judgment,  any  condition  or 
agreement  to  the  contrarj^  notwithstanding;  but  the 
corporation  shall  not  on  account  of  this  provision  be 
less  liable  and  chargeable  with  said  excess.  Provided,  Provi^. 
that  thePresident  and  such  of  said  directors  who  may 
have  been  absent  or  dissenting  when  such  excess  was 
contracted  or  created  may  respectively  exonerate  them- 
selves from  being  so  liable  by  forthwith  giving  notice 
of  the  fact,  and  of  their  absence  or  dissent  to  the  stock- 
holders, at  a  general  meeting,  which  they  shall  have 
power  to  call  for  that  purpose. 

Rule  1.  The  bank  may  at  its  option  receive  in  pay-  „.„„_..-  »>  . 
ment,  or  on  deposit,  the   notes  of  the  banks  of  other  wt  pay  om. 
States,  but  shall  not  pay  out  the  same  on  loans,  drafts 
or  discounts. 


1861. 


116 


Proportion  of 
coin. 


Shall  receive  on 
deposit 


Proviso. 


Rule  2.  The  bank  .shall  be  required  to  procure  and 
always  keep  on  hand  gold  and  silver,  in  proportion  of 
not  loss  than  one-third  of  the  amount  of  the  bills  it  shall 
have  in  circulation,  and  if  withdrawn,  shall  immedi- 
ately proceed  to  replace  the  deficiency. 

Rule  3.  The  bank  shall  be  required  to  receive  money 
on  deposit  and  paj^outthe  same  to  order  free  of  charge, 
in  such  sums  as  the  depositors  may  direct:  Provided, 
that  the  bank  shall  not  be  required  to  pay  deposits  in 
less  sums  than  twenty  dollars,  nor  to  receive  them  in 
less  sums  than  one  hundred  dollars. 
Rate  of  interest.  RuLE  4.  The  bank  shall  not  take,  retain  or  receive  on 
its  loans  or  discounts,  interest  at  a  greater  rate  than  as 
follows :  upon  paper  running  six  months  or  under,  "six 
per  cent,  per  annum;"  upon  paper  running  more  than 
six  and  not  exceeding  nine  months,  seven  per  cent, 
per  annum ;  upon  paper  running  inore  than  nine 
months,  eight  per  cent,  per  annum  :  Provided,  that  all 
paper  held  and  owned  by  said  bank,  shall,  after  matu- 
rity, bear  interest  at  the  rate  of  eight  per  cent,  per 
annum. 

Rule  5.  Ko  director  shall  receive  an}^  emolument,  but 
the  President  may  receive  such  compensation  as  the 
stockholders  shall  at  a  general  meeting  assign  him. 

Rule  6.  No  director  shall  hold  his  office  more  than 
three  years  out  of  four  in  succession,  but  the  president 
may  always  be  re-elected  for  the  ensuing  year. 

Rule  7.  Not  less  than  three  directors  shall  constitute 
a  quorum  for  the  transaction  of  business,  of  which  the 
president  shall  always  be  one,  except  in  case  of  sick- 
ness or  necessarj'  absence  ;  in  which  case  his  place  may 
be  supplied  by  another  director,  whom  under  his  hand 
he  shall  depute  for  that  purpose;  and  the  director  so 
deputed  may  do  and  transact  all  the  necessary  business 
belonging  to  the  office  of  president  of  said  corporation, 
under  the  name  of  ]iresident  pro  tem.,  during  the  con- 
tinuance of  the  sickness  or  necessary  absence  of  the 
president. 

Rule  8.  All  officers  of  the  bank,  the  president  and 
directors  excepted,  shall  be  required  before  they  enter 
upon  the  duties  of  their  office,  to  give  bond  and  secu- 
rity, such  as  the  board  shall  approve. 

Rule  9.  Yearly  or  half  yearly  dividends  shall  be  made 
of  so  much  of  the  profits  as  shall  appear  to  the  direct- 


Quorum. 


Officers  to  give 
bond. 


Dirddends, 


117  1861. 

ors  proper,  but  no  dividend  shall  be  paid,  as  profits, 
which  shall  trench  upon  the  capital  of  the  bank. 

Rule  10.  Once  in  every  term  of  three  j^eurs,  the  di- fuu  statoment 
rectors  shall  lay  before  the  stockholders,  at  a  general  '"^""'«"y- 
meeting,  for  their  information,  an  exact,  full  and  parti- 
cular statement  ot  the  condition  and  affairs  of  said 
bank,  showing  the  particulars  of  all  suspended  debts, 
and  shall  give  all  information  to  them  required,  for  a 
proper  understanding  of  its  true  condition. 

KuLE  11.  The  directors  shall  have  power  to  call  a  General  meeting 
general  meeting  of  the  stockholders  at  any  time  they 
imxy  deem  necessarj'  and  expedient,  and  a  number  of 
stockholders  not  less  than  thirty,  who,  together,  shall 
be  proprietors  of  five  hundred  shares  of  stock,  or  up- 
wards, may  at  any  time  call  a  general  meeting  of  the 
stockholders  relative  to  the  institution,  giving  at  least 
six  weeks  notice  in  the  newspaper  of  the  town  or  county 
in  which  said  bank  is  located,  of  such  meeting,  and 
specitying  the  purpose,  or  purposes  thereof. 

Rule  12.  The  said   bank  shall   make  to  the  Co mp- Annual  state- 
tro'ler  of  Public  Accounts  a  return  once  in  every  year  "o",ei°  ^"'"^' 
of  its  true  situation,  showing  the  amounts  of  its  assets 
and  liabilities,  and  of  what  they  consist;  also  a  list  of 
stockholders  ot   said  bank,    and  a  list  of  the  shares 
owned  by  each. 

Rule  13.  The  Governor  of  the  State  shall  appoint,  „      .  . 

,,  .      .  ,  1     i      -i.      I      11    1        .'Commissioners 

annually,  two  commissioners,  wliose  duty  it  shall  be  to  to  examine  each 

examine  the  moneys,  books,  papers  and  documents  of  ^'^"' 

the  said  bank,  and  otherwise  examine  into  its  condition, 

and  make  repoi't  thereon  wi'.hin  two  months  after  their 

appointment.     The  bank  shall  furnish  all  infurinatiou 

to  the  said  commissioners  necessary  for  an  accurate 

examination,  and  shall  pay  to  said  commissioners  four 

dollars  per  day,  each,   not  exceeding  ten   days  each  ; 

and  the  said  commissioners  shall  each  make  aflidavit  Affi<iaritofc.  m- 

before  an  acting  justice  of  the  peace,   that  they,  have  """"""" 

not,  previous  to  the  time  of  their  visit,  communicated 

to  the  officers  of  the  said  bank  the  time  when  they  would 

visit  said  bank  for  examination  as  aforesaid  ;  which  said 

affidavit  shall  be  filed  in  the  office  of  the  Secretary  of ''''•"'■ 

State. 

Sec.  16.  Be  it  further  enacted,  That  by  way  of  bonus  j^^^^,  .^y^,^^  ,f 
for  granting  this  charter,  the  said  bank  shall  pay  annu- s-^ti'i"*- 
ally  into  the  treasury  of  this  State,  on  or  before  tiie  first 
day  of  Xovember  in  each  year,  and  while  the  bank  shall 


1861.  118 

continue  banking  business,  an  amount  equal  to  thrice 
the  taxation  which  may  be  assessed  on  everj^  hundred 
dollars  of  the  value  of  lands  for  the  time  being  by  the 
State,  on  each  share  of  the  stock  of  the  bank,  which 
shall  be  in  lieu  and  composition  of  all  taxation  by  the 
State,  county,  town,  or  other  authority,  on  the  capital 
Proviso.  stock  or  business  of  the  bank;  Provided,  that  all  real 

estate,  owned  b}^  the  bank,  shall  be  subject  to  pay  taxes 
as  if  held  by  individuals. 
When  notes  not       Sec.  17.  Be  it  further  enacted,  That  whenever  any  bills, 
ntark^^'Vo- ^'^  notcs,  chccks  or  other  issues  of  said  bank  are  presented 
tested.-'  at  the  counter  of  the  same  for  redemption,  and  the  bank 

shall  refuse  to  redeem  the  same,  either  in  gold  or  silver, 
the  cashier  shall  write  across  the  back  of  such  bill, 
check  or  other  issue,  the  word  "protested",  with  the 
daj' and  date,  and   shall  sign  the  same;  and  all  such 
bills,  notes,  checks  or  other  issues  so  protested  shall 
Twelve  per  cent,  draw  twclvc  percent,  interest  from  the  date  of  such  pro- 
uonlfto'^tlK-r    *®®^  until  the  same  shall  be  redeemed,  together  with 
interest.  the  interest  that  may  have  accrued  thereon;  and  if  any 

such  note,  bill,  check,  or  other  issue,  ite  presented  to 
said  bank  and  payment  refused,   and  said  officer  failed 
Proviso.  to  note  the  same  protested,  as  above  provided,  such  of- 

ficer, so  failing,  and  his  securities,  shall  be  subject  to 
pa}^  double  the  amount  of  the  demand  offered  and  re- 
fused, to  be  recovered  by  the  person  aggrieved,  in  any 
court  of  record  in  the  county  where  said  bank  may  be 
located. 
No  loan  to  direc-      ^EC.  18.  Be  it  further  enacted,  That  no  stockholder  of 
tor  if  stock  not  qq\^  baulv  shall  rcceivc  any  loan  from  the  bank,  either 
^*'  "  directl}^  or  indirectly,   until   the  whole  amount  of  his 

stock  shall  be  paid  ;  and  no  stockholder,  while  any  por- 
tion of  his  stock  is  unpaid  shall  be  otherwise  a  debtor 
to  said  bank;  nor  shall  said  bank  under  any  pretext 
hold  any  stock  purchased  by  it  of  its  stockholders  for 
more  than  six  months  from  date  of  purchase. 
Bill  holder  of  ex-      Sec.  19.  Bc  U  furthev  enacted,  That  if  any  debt  or  de- 
drertdfiraTsmry  ™^"^  ^^^  fi'om  Said  bank  for  an  amount  exceeding  one 
file  bill  in  Chan- hundred  dollars,  shall  remain  unpaid  for  more  than  ten 
isTefuseT'"^"  days  after  proper  demand  made  for  payment,  the  holder 
of  such  debt  may  file  a  bill  in  the  chancery  court  of  the 
county,  or  district  in  which  said  bank  is  located,  for  the 
settlement  of  all  the  debts  of  the  bank,  if  he  elect  so  to 
do,  and  may,  on  proof,  by  affidavit  of  such  refusal  to 
pay  on  demand,  and  of  the  continuation  of  such  refusal. 


119  1861. 

made  to  any  chancellor  or  judge  of  any  circuit  court  of 
the  State,  pray  an  injunction,  to  restrain  the  said  bank 
and  all  its  officers,  from  paying  out,  or  in  any  way 
transferring  or  delivering  to  any  person,  any  money  or 
assets  of  said  bank,  or  incurring  any  obligation  or  debt 
until  such  order  be  vacated  or  modified;  and  if  such 
chancellor  or  judge  shall  be  of  opinion,  that  the  debt  bcgr"a*nte!i.'"*' 
is  justly  due,  and  that  the  bank  has  no  just  defence 
against  the  demand,  and  if  it  shall  appear  expedient  and 
necessary  upon  the  proof  presented  in  order  to  prevent 
fraud  and  injustice,  he  shall  grant  an  order  for  such  in- 
junction ;  Provided,  that  tlie  bank  shall  have  had  such  Proviso. 
reasonable  notice  of  the  application,  as  the  chancellor 
or  judge  may  prescribe,  and  shall  not  be  able  to  show 
sufficient  cause  against  the  same;  and  the  said  judge  or 
chancellor  shall  then  proceed  further  to  enquire  on  such 
further  notice  as  he  may  prescribe,  whether  the  bank 
be  clearly  solvent  or  not,  and  may  require  the  ofHcers 
of  the  bank  to  exhibit  any  and  all  of  its  books,  pa})ers, 
accounts,  assets,  moneys,  and  effects,  and  to  be  exam- 
ined on  oath  touching  the  same,  before  him,  or  a  refer- 
ree  to  be  appointed  by  him ;  and  if  it  shall  appear  that 
the  said  bank  is  not  clearly  solvent,  then  he  may  make 
au  order  declaring  the  same  to  be  insolvent  and  requir- 
ing its  affairs  to  be  wound  up  and  settled  ;  and  further, 
if  in  his  opinion  the  safetj'  of  the  creditors  shall  require 
it,  such  judge  or  chancellor  may  appoint  a  receiver  to 
take  charge  of  the  assets  of  the  bank  and  to  close  and 
settle  its  affairs,  and  may  make  all  such  orders  for  the 
accomplishment  of  the  same  safely,  properly  and  eco- 
nomicall3%  as  the  case  may  seein  to  require;  but  if  it 
shall  appear,  on  such  examination,  that  the  said  bank  is 
clearly  solvent,  or  if  there  shall  appear  to  be  a  deficiency 
of  assets,  and  the  bank  shall  procure  and  give  good  se- 
curity for  the  payment  |of  any  deficiency  which  may 
exist,  and  that  the  assets  shall  prove  sufficient  to  satisfy 
all  the  dc'bts  of  the  bank  to  the  satisfaction  of  the  judge 
or  chancellor,  then  no  such  receiver  shall  he  appointed, 
and  upon  the  payment  of  the  debt  complained  of,  the 
injunction  and  proceedings  shall  be  disrnissed,  such  or- 
der shall  be  made  for  the  payment  of  costs  as  the  judge 
or  chancellor  shall  deem  just.and  proper,  and  the  [»ro- 
ceedings  shall  be  returned  a^d  made  of  record  in  the 
chancery  court  of  the  county  or  district  in  which  such 


1861. 


'120 


When  insolvent, 
how  to  proceed. 


Bill-holders  pre- 
ferred creditors. 


Stockholders 
farther  liable. 


Order  of  the 
court. 


Remedy  for  clos- 
ing not  applica- 
ble to  mere  sus- 
pensioQ. 


Proviso. 


Riglit  of  bill 
holder. 


Corporation 
name  in  suits 
and  liquidations. 


bank  is  located,  and  shall  be  subject  to  the  revision  and 
correction  by  the  supreme  court,  as  in  other  cases. 

Sec.  20.  Be  it  further  enacted,  That  in  case  the  said 
bank  be  found  insolvent,  and  settlement  of  its  aftairs  be 
ordered  as  herein  provided,  the  same  shall  be  done  upon 
bill  filed  in  said  chancer^'  court  under  the  orders  of  the 
court  and  rules  of  chancery,  and  full  distribution  shall 
be  made  of  the  assets,  according  to  the  rights  of  all 
parties.  But  the  holders  of  bank  notes  and  obligations, 
issued  by  the  bank  for  circulation  as  money,  sljall  be 
first  called  in  and  paid,  and  shall  have  priority  over 
other  debts  due  from  the  bank ;  and  after  the  assets  of 
the  bank  are  exhausted,  if  they  be  not  sufHcient  to  pay 
all  debts  and  liabilities,  a  further  call  shall  be  made  on 
the  share-holders  in  the  bank  for  a  further  payment  of 
capital  over  and  above  the  sum  of  one  hundred  dollars 
of  an  amount  equal  to  the  deficiency,  which  shall  be 
apportioned  among  all  the  shares  of  stock,  and  an  order 
shall  be  made  by  the  court  for  the  payment,  by  each 
share-holder,  of  the  sum  or  proportion  due  on  his  sliares 
of  stock,  and  each  share-holder  shall  pay  the  sum  so 
assessed  to  him  severally  in  proportion  to  his  stock. 

Sec.  21.  Be  it  further  enacted,  That  the  summary 
remedy  in  this  act,  especially  given  for  settling  up  and 
closing  the  aftiiirs  of  said  bank,  shall  apply  to  the  case 
of  insolvency,  but  shall  not  be  allowed  in  the  case  of 
a  suspension  only  by  the  bank  of  specie  payment, 
when  and  so  long  as  such  suspension  shall  be  sanctioned 
b}'  the  General  Assemblj^,  or  by  the  Governor  of  the 
State,  during  the  recess  of  the  General  Assembly.  But 
nothing  in  tkis  act  shall  be  so  construed  as  to  deprive 
a  creditor  of  said  bank  from  his  right  to  suit  in  any 
other  appropriate  mode  of  proceedings,  or  to  prevent 
the  General  Assembly  from  hereafter  regulating  by  a 
general  law,  in  relation  to  banking  institutions,  the 
mode  of  enforcing  and  satisfying  the  rights  of  creditors 
of  said  bank;  Provided  an_y  bill  holder  shall  have  also 
right  to  move,  in  any  court  having  jurisdiction,  or  be- 
fore any  justice  of  the  peace  in  the  town  or  county  in 
which  the  bank  is  located,  as'the  case  may  require,  for 
the  collection  of  any  bill,  the  pa)'ment  of  which  may 
be  refused. 

Sec.  22.  And  he  it  further  enacted,  That  notwithstand- 
ing the  expiration  of  the  time  for  which  the  said  corpo- 
ration is  created,  it  shall  be  lawful  to  use  the  corpo- 


^21  1861. 

rate  name,  style  and  capacity  for  the  purpose  of  suits  and 
for  the  final  liquidation  and  settlement  of  the  affairs  and 
accounts  of  the  corporation — for  the  sale  and  disposi- 
tion of  its  estate,  real  and  personal,  and  collection  of  its  Limiiation. 
assets,  but  not  for  a  period  exceeding  two  years  after 
the  expiration  of  said  term  of  incorporation. 

Sec.  23.  That  the  said  bank  shall  issue  no  bill  or  note,  Nobuiiessiban 
of  a  less  denomination  than  one  dollar.  onecu-iiar. 

Approved,  November  7,  1861. 


No.  129.]  AX  ACT 

To  establish  a  Bank  in  the  town  of  Gainesville,  to  be 
called  the  Planters  Bank  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  JRep- 
resentatives  of  the  State  of  Alabama  in   General  Assembly 
convened.  That  a  bank  be  established   in   the   town   of^j""^' ««*»''"*''■ 
Gainesville,  in  the  county  of  Sumter,  the  capital  stock capitoi stock, 
of  which  shall  not  exceed  six  hundred  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each. 

Sec.  2.  Be  it  further  enacted,  That  T.  Reavis,  A.  W.  commissioners. 
Dillard,  Jonathan  Bliss  and  Wm.  H.  Winston,  be  au- 
thorized as  commissioners  to  receive  subscriptions  for  subscriptions, 
shares  of  stock  not  to  exceed  six  hundred  thousand 
dollars.  The  said  commissioners  or  a  majority  of  them 
shall  designate  the  time  and  place  for  receiving  sub- 
scriptions to  said  stock,  and  shall  keep  books  open, 
and  receive  subscriptions  for  thirt}^  days,  unless  the  said 
amount  of  six  hundred  tliousand  dollars  be  sooner  sub- 
scribed ;  and  in  any  event  shall  keep  books  open  for  ten 
daj's,  and  until  as  much  as  two  hundred  thousand  dol- 
lars be  subscribed.  The  said  commissioners  shall  give 
at  least  thirty  days  previous  notice  of  the  opening  of mgbonks.**''*'^ 
said  books  by  advertisement  in  at  least  three  public 
newspapers,  published  in  this  State,  and  elsewhere,  in 
their  discretion ;  and  they  shall  keep  a  correct  record  of 
all  tiicir  proceedings. 

Skc.  3.  Be  it  furthrr  enacted,  That  at  the  time  of  ad- |r,  or  each  share 
mitting  such  subscriptions  for  stock,  the  said  conimis-p»^;^ »**"''*<="'' 
sioners  shall    require   from    the   subscriber  the  sum  of 
five  dollars   for  each  share  subscribed ;  the  subscriber  other  instau- 
shall   further  pay  an  installment  of  fifteen  dollars  per "*"'*■ 


1861. 


122 


Deposit  all  mo- 
neys. 


Fill  vacancies. 


When  officers 
may  be  elected. 


Conditions. 


Governor  issue 
proclamation. 


share,  within  ninety  days  after  the  day  of  first  opening 
the  said  books;  an  installment  of  fifteen  dolhirs  per 
share  within  six  months  after  said  opening  day  ;  twen- 
ty dollars  per  share  within  nine  months  after  said  open- 
ing da)^ ;  and  twenty-five  dollars  per  share  within  twelve 
months  after  said  opening  day  ;  and  twenty-five  dollars 
per  share  within  fifteen  months  after  said  opening  day; 
but  any  subscriber  may,  if  he  thinks  proper,  pay  in  his 
subscription  at  earlier  days  than  above  limited,  and  in 
such  case  interest  shall  be  equalized  with  the  other 
stockholders  upon  equitable  principles.  The  said  com- 
missioners shall  deposit  all  moneys  received  by  them 
for  safe  keeping,  in  such  bank  or  other  place  of  deposit 
as  they  may  select,  until  the  said  new  bank  shall  go 
into  operation,  after  which  payment  shall  be  received  by 
itself.  The  commissioners  shall  have  power  to  fill  va- 
cancies in  their  own  body  occurring  by  death,  absence, 
or  refusal  to  act,  until  their  duty  is  performed. 

Sec.  4.  Be  it  farther  eiiactcd^  That  whenever  a  sum  not 
less  than  two  hundred  thousand  dollars,  nor  more  than 
six  hundred  thousand  dollars,  shall  have  been  subscribed 
to  the  capital  stock  of  said  bank,  and  after  closing  the 
books  of  subscription,  and  after  half  the  capital  stock 
subscribed  shall  have  been  actually  paid  in  gold  or  sil- 
ver, the  said  bank  may  elect  its  officers  under  the  fol- 
lowing conditions,  to  wit:  The  president  and  directors 
of  said  bank  thus  appointed,  shall  without  loss  of  time 
make  the  necessary  arrangements  to  put  the  bank  in 
operation,  so  soon  as  pursuant  to  the  provisions  of  this 
act  the  bank  shall  possess  in  gold  and  silver  one  half  of 
the  capital  stock  subscribed,  but  the  said  bank  shall 
under  no  pretext  whatever  commence  its  banking  oper- 
ations, by  discounting  bonds  or  notes  or  bills,  by  loan- 
ing money,  or  putting  into  circulation  its  own  notes, 
until  it  actually  and  in  good  faith  shall  have  and  pos- 
sess, of  its  own  absolute  property  in  gold  and  silver, 
one  half  of  the  whole  amount  of  the  capital  stock  sub- 
scribed, and  shall  have  returned  to  the  Governor  of  this 
State  an  account  thereof  verified  by  the  oath  or  affirma- 
tion of  the  president  or  cashier  for  the  time  being;  nor 
shall  the  bank  so  commence  its  operations  until  the 
Governor  satisfied  b}^  the  return  aforesaid,  and  by  such 
other  evidence  as  may  be  offered,  shall  issue  a  ])roclama- 
tion,  declaring  that  the  return  aforesaid  had  been  duly 
made,  and  that  it  appeared  to  his  satisfaction,  that  said 


* 

123  1861. 


company  had  of  their  own  absolute  property  the  amount 
in  gold  and  silver  aforesaid,  and  were  authorized  under 
the  provisions  of  this  act  to  commence  their  banking 
operations  as  aforesaid;  and  if  the  said  bank  without 
actually  and  in  good  faith  having  of  its  own  property 
the  amount  of  gold  and  silver  as  aforesaid,  or  without 
having  made  return  thereof  as  aforesaid,  or  without  the 
proclamation  of  the  Governor  as  aforesaid,  shall  com- 
mence any  such  banking  operations  as  aforesaid,  the 
cliarter  hereby  granted  shall  be  null  and  void,  and  the  phancr forfeited 
said  bank  shall  be  considered  to  all  intents  and*  pur- t'ingeucV!'*^""' 
poses  as  an  unchartered  bank,  and  if  more  subscriptions 
be  offered  to  the  commissioners  than  they  are  authorized 
to  receive,  they  shall  scale  and  allow  the  subscrip-Sca'ingof  aub- 
tion  in  such  mode  as  they  shall  deem  equitable,  ^"''"°°^' 
giving  in  all  cases  the  preference  to  subscribers 
who  shall  be  resident  citizens  of  Alabama,  and  if  still 
necessary  they  shall  reduce  the  largest  subscriptions  so 
as  to  form  the  proper  amount  of  capital  stock  and  no 
more:  Provided,  That  no  other  bank  be  allowed  to 
take  stock  in  said  bank. 

Sec.  5,  Be  it  further  enacted ,  That  if  on  closing  the  if  nrst  subscnp- 
books  of  subscription  a  sufficient  capital  shall  nk  be  boTkl'agaTn''"'' 
subscribed  to  authorize  the  bank  to   go  into  operation  "p*"^''- 
under  the  terms  of  this  act,  the  commiesioners  may 
again  open    the   books   afterwards   at  such  time  and 
place  as  they  may  direct,  under  the  same  regulations  as 
before  provided,  until    the  subscription   be    sufficient. 
After  the  bank  officers  shall  have   been  elected,  if  the 
stock  is  not  full,  the  board  of  directors  shall  have  power 
to  cause  books  to  be  opened  from  time  to  time  until  the 
stock  and  capital  be  full,  and  to  appoint  commissioners 
to  receive  such  subscriptions,  under  such  rules  as  they 
may  prescribe,  provided  thirty  days  notice  be  given  byp^^^,^^ 
advertisement  as  before  prescribed,   of  the  time   and 
place  of  receiving  such  subscriptions. 

Sec.  6.  Beit  further  enacted^  That  the  stockholders  a  tody  corporate 
of  said  bank  and  their  successors  shall,   when  a  suffi-  f 

cient  amount  shall  have  been  subscribed  and  paid  in, 
be  and  they  are  hereby  created  a  corporation  and  body 
politic,  by  the  name  and  style  of  "The  Planters  Bank 
of  Alabatna,"  and  shall  so  continue  until  the  1st  day  of 
June,  18H2  ;  and  by  that  name  shall  be,  and  the3'"are 
declared,  able  and  capable  in  law,  to  have  and  to  o^vn,  p^^j, 
purchase,  receive,  possess,  and  retain  to  them  and  their 


1861- 


124 


Restrictive  pro 
viso. 


"^rSi. 


Directors. 


Mode  of 
Proxy. 


successors,  lands,  rents,  tenements,  hereditaments, 
goods,  chattels  and  effects  of  whatsoever  kind,  nature 
and  quality,  moneys,  obligations,  stocks,  bondp,  bills, 
notes,  securities,  and  choses  in  action  of  whatsoever 
kind  or  nature;  and  the  same  may  sell,  grant,  demise, 
alien,  convey,  or  dispose  of;  and  may  sue  and  be  sued, 
plead  and  be  impleaded,  answer  and  be  answered,  de- 
fend and  be  defended,  in  any  suit,  matter,  or  thing  de- 
pending in  any  court  of  law  or  equity;  and  shall  also 
havo  power  to  make,  have  and  use  a  common  seal,  and 
the  same  to  break,  alter  and  renew  at  pleasure;  also  to 
ordain,  establish,  niter  and  repeal  by-laws,  ordinances 
and  regulations,  as  they  may  deem  necessary  and  con- 
venient from  time  to  time,  for  the  government  of  said 
corporation,  not  being  contrary  to  the  constitution  and 
laws  of  the  Confederate  States  or  of  the  State  of  Ala- 
bama. Also  to  make  loans  and  discounts,  deal  in 
mone}^  notes,  bills  of  exchange,  bonds,  mortgages,  and 
securities  of  all  kinds;  to  receive  deposits,  to  make 
and  issue  bank  notes,  payable  on  demand  to  bearer  ;  and 
to  make  all  contracts  and  transact  all  such  business  as 
is  usually  transacted  by  banks,  and  as  arc  within  the 
scope  of  banking  operations;  and  generally  to  do  and 
execute  all  and  singular,  the  acts,  matters,  and  things, 
which  to  them  it  shall  appertain  to  do,  as  incident  to 
bodies  corporate,  subject,  however,  to  the  rules  and 
limitations  h>Drein  contained :  Provided,  The  said  bank 
shall  not  in  any  case,  deal  in,  or  purchase  merchandize, 
produce  or  personal  property  of  any  kind,  or  real  estate, 
except  for  its  necessary  banking  houses,  buildings  and 
purposes,  or  by  way  of  securing  payment  of  the  debts 
due  to  it ;  nor  shall  it  issue  or  cause  to  be  made  (for  cir- 
culation as  currency,)  au}'  notes  or  bills  that  are  not 
payable  on  demand. 

Sec.  7.  Be  it  further  enacted,  That  the  affairs  of  said 
ba)ik  shall  be  managed  by  seven  directors  elected  an- 
nually by  the  stockholders  of  said  bank.  At  all  elec- 
tions the  stockholders  shall  elect  the  directors,  and  shall 
vote  according  to  the  scale  and  ratio  of  votes  fol- 
voting.  l^^^ving  :  each  stockholder,  for  every  share  he  may  hold, 
not  exceeding  twenty-five,  may  give  one  vote;  for  every 
two  shares  above  twenty-live  and  under  fifty,  one  vote; 
for  every  three  shares  above  fifty  and  under  one  hun- 
dred, one  vote;  for  every  five  shares  over  one  hun- 
dred and  under  one  hundred  and  fifty,  one  vote;  and 


125  1S61. 

for  every  ten  shares  over  one  hunclrecl  and  iiftjj,  one  vote ; 
and  after  the  first  election,  no  shares  shall  confer  a  right 
to  vote  which  shall  not  have  been  hold,  n  by  the  voter 
three  calendar  months  previous  to  the  election,  ihe 
stockholders  shall  he  entitled  to  vote  either  in  person 
or  by  proxy;  the  shares  of  infants  may  be  voted  for  l)y  ^^^^^ 
their  parents  or  guardians ;  if  married  women,  by  their 
husbands  or  trustees;  if  corporations,  by  their  presi- 
dents, and  if  copartners  or  joint  owners,  by  either,  un- 
less the  other  dissent,  in  which  case  neither  shall  vote ; 
and  all  powers  to  authorize  persons  to  vote  by  proxy 

shall  be  in  writing.  ,»    .    i     ^-      .       ...      , 

Sec.  8.  Be  it  ficrther  enacted,  That  the  hiv^t  dection  F,rst^e.«c^^^^ 

for  directors  shall  be  held  as  soon  as  may  be  after  the 
the  books  of  subscription  shall  be  closed,  and  a  sutti- 
cient  number  of  shares  be  subsciibed.     The  sa^d  «""/" 
missioners  appointed  to  receive  subscriptions  shall  hold 
said  first  election  on   such  day  as  they  mav  appcnnt 
after  o-iving  thirty  days  notice  of  the  time  and  place  ot 
holdin-  th?  same ;  they  shall  certify  to  the  directors  the 
names   of  the  persons  elected;  shall  hand  over  their        ^^ 
records  to  them  and  the  moneys  subscribed  and  paid.        |j^— 
The  said  board  so  elected  shall  proceed  to  elect  a  prcsi- EjecUon  ofpr<>»- 
dei  t    from  their  own  number,  and  the  board  shall  con- 1^';^"^^^^^^^,^^ 
tinue  in  office  until  the  expiration  of  the  second  Monday  c  boaH. 
in  January  following,  and  until  their  successors  shall 
enter  upon  their  duties.     The  subsequent  election  for  E.ecti«n^^oMj^ 
directors  shall  be  held  at  the  banking  house,  on  the  sec-  ^ 

ond  Mondav  in  January  in  each  year.  The  new  board 
elected  shaU  be  authorized  to  enter  upon  its  duties  on 
the  day  after,  and  continue  until  the  expiration  ot  the  ^g^ 

second  Monday  of  January  next  thereafter,   and  until 
their  successors  shall  organize  and  enter  upon  their  du- 
ties    The  polls  shall  be  held  by  three  stockholders  other  pou*. 
than  directors  appointed  bvthe  board  to  hold  the  same. 
The  vote  shall  be  by  ballot  under  such  regulations  as  the  ^^^^^^^^  ^^^ 
bank  shall  prescribe,   but  ten  days  notice  of  such  elec- ^.^^ 
tion   shall  bo   given  in    one  public  newspaper  of  t lie 
county  in  which  said  bank  is  located;   and  no  stock- n^f 
holder  shall  vote  at  any  time  while  m  dehvnlt  ot  tliCvo,.-. 
payment  of  instalment  of  stock.  »„.^K,i.v„f. 

Sec.  1».  Be  it  further  enndcd,  That  no  person  sha    l)e  kw«>  of. 
a  director  unless  he  shall   own  one  thousand   dollars 
worth  of  stock  in  said  bank,  bona  fide,  and  as  his  own 


i 


^^^^'  ...    .*^.  126 


property  nor  unless  he  shall  be  a  resident  citizen  of  this 
fetate,  and  is  not  a  stockholder  in  any  other  bank 
duHtr ,.  ^^^-  ^^-^f  a  further  enacted,  That  in  case  no'elec- 
uin contingency  noii  slionld  be  niadc  of  directors  or  president    at  the 
tune  provided  by  this  act,  the  corporation  shall  not  be 
tor  such    cause  deemed   dissolved,  but  such  election 
shall  be  held  as  soon  after  as  may  be  on  due  notice.   The 
Boardcanfl,,  va.  hoard  shall  havc  pon-er  to  till  all  vacancies  in  the  office 
vn/ f  n     .1    'l^;\di''<^«tors.     Six  months  absence,  remo- 
val f.om  the  State,  transfer  of  stock  down  to  a  sum  less 

^rovo?rt1  ^';r"1  ^^^^^^  and  any  cause  wWch  shaH 
prexent  the  at  endance  of  such  officer  permanently  to 
discharge  the  duties,  or  render  him  incapable  of  so  do- 
ing,  shall  vacate  the  seat  of  such  president  or  director. 
'cZll-Xl^  J^^''  11-  f'  ^^Miher  enacted,  That  the  president  and 
erofflcer.         duectors  of  such  bank  shall  have  power  to  appoint  a 

a    m  a'v  hotfl  '"'^'  f ''''^•'  '^''^''^  '^'^''^  and^slrvants 
as  may  be  necessary,  from  time  to  time,  to  carry  on  the 

dklnf  Vf,"  'y'-'"'  .1^''°P'^"  ^^"^^  ^^'  the  faithful 
t  n'  1  nr.  u  "^I'T'  ^"  '^'''' ^^'««''^tion,  and  to  issue 
iiig  hoiiscT  ^  ^'  ^'^  ^''''''  "^^  ^""^'^"^^  ""^  tJieir  bank- 
stock  assignable,  ^^c  12.  Be  it  further  enacted,  That  the  shares  of  stock 
in  said  bank  shall  be  assignable  and  transfemb  e  ac 
rite.'l?''  rnlos  as  shall  be  instituted  in  that  behaTf, 
by  tlie  b}-laws  and  ordinances  of  the  bank,  and  transfe^ 

c.t"f1ir"fHn  ^'^V'^r  ^^^t  purpose;  P,.k ^  Ibatt' 
case  of  he  failure  of  the  bank  within  six  months  after 
any  such  transfer  or  sale  of  stock,  the  party  sel  inc.  and 
the  party  purchasing  said  stock,  'shal/be  e'ach  fd lia^ 
ble  tor  the  payment  of  the  debts  of  the  bank,  in  proDor- 
tion  to  the  stock  so  transferred;  Provided  fliraerfh^t 

amount  of  1  .''  ""i  f'""'''  i"'^^^''  *^^''^"  one-fourth 
amount   of  the   whole   number   of  shares   subscribed 

Anot.erp.vUo.  for  HI  Sa^dc^^^^^^^  ^^^^^^d 

ass  ..n    e  f  fr  power  to  pass   by-laws  to  pi'event  the 

Sec.  13.  Be  it  further  enacted,  That  if  any  person  or 

SeMrd\o^'Pi?n""'f''P  ''  1^^^^  corporate,  s'liK  in- 
debted to  said  bank,  as  maker,  endorser,  guarantee,  or 


Proviso. 

Liability. 
Further  proviso 


!•#?  1801. 

as  drawer  or  acceptor  of  any  note,  bill  or  bond,  made 
expressly  negotiable  and  payable  at  the  said  bank,  and 
shall  delay  payment  thereof,  the  said  bank  may  move  nank  may  move 
for  judg-rnent  and  award  of  execution  against  such '^"'^•'"'^""^°'' 
debtor  in  any  court  of  record  in  the  State  where  such 
defendant  may  reside,  or  corporation  so  indebted,  bo 
located;  and  judgment  shall  be  thereon  rendered  as 
may  be  lawful  and  proper;  Provided,  that  the  defend- 
ant in  any  such  case  shall  have  at  least  thirty  days  per- 
sonal notice  of  such  motion  before  the  same  is  made, 
specifying  what  the  demand  is;  Provided,  also,  that  at 
the  time  of  making  such  motion,  the  bank  shall  pro- 
duce and  file  a  certificate  of  the  president  or  cashier 
under  the  seal  of  the  bank,  that  the  debt  claimed  is 
really  and  bonafdc  the  property  of  the  bank ;  Provided, 
further,  that  if  any  defendant  shall  appear  and  contest  '"  er  proviso. 
the  claim,  the  court  shall  require  the  bank  to  file  its 
declaration  and  the  defendant  his  pleas,  and  to  cause 
issues  to  be  joined  in  law  or  fnct,  to  be  tried  instanter, 
or  during  the  term,  as  the  court  may  direct,  by  jur}^  or 
by  the  court,  as  the  case  may  be,  unless  on  sufficient 
cause  shown  it  be  necessary  to  continue  the  case;  and 
the  court  shall  give  judgment  as  ma}-  be  proper:  And S'^mmarj reme- 
provided,  f aril er,  that  the  summary  remedy  thus  given  ciude!'**  '"^^ 
shall  not  preclude  any  other  mode  of  redress  which  may 
be  lawful,  to  enforce  the  right  of  the  bank. 

Sec.  14.  Be  it  further  enacted,  That  the  said  remedies  Remedies  recip- 
given  for  the  collection  of  debts  due  the  bank,  shall  be"^'*''*'" 
reciprocal  for  and  against  the  bank;  and  in  motions 
against  the  bank,  no  certificate  shall  be  required  to  be 
filed  as  above  set  forth,  and  the  courts  of  record  in  the 
county  in  which  said  bank  is  located,  having  jurisdic- 
tion, shall  hear  motions  for  the  recovery  of  all  debts 
due  by  said  bank;  and  in  all  suits  against  said  corpora- 
tion, service  of  process  on  the  president  or  cashier,  shall 
be  sufficient  to  bring  the  defendant  into  court. 

Sec.  15.  Be  itfoihrr  enacted,  That  the  said  bank  shall  rundamcnui ar- 
be  subject  to  the  following  rules  and  regulations;  and 
they  arc  declared  to  be  fundamental  articles  in  the  con- 
Btitution  of  said  corporation,  to  wit: 

Article  1.  The  bank  shall  not  commence  operations  nairthetiockiM 
until  half  of  the  capital  stock  subscribed  for,  be  actually  ''"'"• 
paid  in  gold   or  silver,  which  amount  shall  in  no  case 
be  less  than  one  hundred  thousand  dollars. 

Art.  2.  That  the  stockholders  in  said  bank  shall  bo  »  . 


j:-s 


1861.  128 

Stockholders  boiiiid  rGspcctivcly  for  all  the  debts  of  the  bank,  in  pro- 
hound  for  debts  portion  to  their  stock  holden  therein;  and  this  provis- 
of  bank.  ^^^^  shall  in  no  wise  affect  or  fmpair  the  provisions  of 

the  twelfth  section  of  this  act. 
„,    ,  ..       .       x\rt.  3.  The  bank  sliall  not  be  authorized  to  issue  or 

circulation  not    ,  .  .  ,       .  .  i  -n  f 

to  exceed  twic-  havc  in  circLiuition,   at  any  one  time,  notes  or  bills  oi 
t.c stock pai  m^i^jj  bank  to  an  amount  exceeding  twice  tlie  amount  of 
its  capital  stock  actually  paid  in  ;  and  in  case  of  an  issue 
greater  than  herein  allowed,  the  president  and  directors 
under  whose  administration  it  may  happen,   shall  be 
ideal  and* dn'^ec"  liable  for  the  Same  in  their  natural  and  private  capaci- 
^""-  ties  ;  and  actions  maj-  be  brought  against  them  or  either 

of  them  in  any  court,  by  any  creditor  of  said  corpora- 
tion, and  may  be  prosecuted  to  judgment,  any  condi- 
tion or  agreement  to  the  contrary  notwithstanding;  but 
the  corporation  shall  not  on  account  of  this  provision  be 
rroviso.  less  liable  and  chargeable  with  said  excess;  Provided^ 

that  the  president  and  such  of  said  directors  who  may 
have  been  absent  or  dissentins:  when   said  excess  was 
contracted  or  created,  may  respectively  exonerate  them- 
selves from  being  so  liable,  by  forthwith  giving  notice 
of  the  fact  of  their  absence  or  dissent,  to  the  stockhold- 
ers at  a  general  meeting,  which  they  shall  have  power 
to  call  for  that  purpose. 
May  receive,  but     ^^^^^  1'  I'l^^  bank  may,  at  its  option,  receive  in  pny- 
notpayout.       mcut  or  ou  deposit,   the  notes  of  the  banks  of  other 
States,  but  shall  not  pay  out  the  same  on  loans,  drafts 
or  discounts. 
Proportion  of         RuLE  2.  The  bank  shall  bo  required  to  procure  and 
coin.  always  keep  on  hand,  gold  and  silver,  in  a  proportion 

of  not  less  than  one  tliTrd  of  the  amount  of  the  bills  it 
shall  have  in  circulation  ;  and   if  withdrawn,  shall  im- 
mediately proceed  to  replace  the  deficiency. 
Deposit*.  liuLE  6.  The  bank  shall  be  required  to  receive  money 

on  deposit  and  pay  out  the  same  to  order,  free  of  charge, 
Proviso.  in  such  sums  as  the  depositors  may  direct:  Prodded, 

that  the  bank  shall  not  be  required  to  pa}^  deposits  in 
less  sums  than  twenty  dollars,  nor  to  receive  them  in 
less  sums  than  one  hundred  dollars. 
Rales  of  interest  HuLE  4.  The  bank  shall  not  take,  retain,  or  receive 
on  its  loans  or  discounts,  interest  at  a  greater  rate  than 
as  follows:  Upon  paper  running  six  months  or  under, 
six  per  cent,  per  annum;  upon  paper  running  more 
than  six  and  not  exceeding  nine  months,  seven  per  cent. 
per  annum;  upon  paper  running  more  than  nine  mouths, 


^^ 


129  1864. 

eight  per  cent,  per  annum;  Provided,  that  siW  paper  proviso 
held  and  owned  by  said  bank,  shall,  after  maturity,  bear 
interest  at  the  rate  of  eight  per  cent,  per  annum. 

liuLE  5.  No  director  shall  receive  any  emolument, 
but  the  president  may  receive  such  compensation  as 
the  stockholders  shall  at  a  general  meeting  assign  him. 

KuLE  6.  No  director  shall  hold  his  ofHce  more  than 
three  years  out  of  four  in  succession,  but  the  president 
may  al^'ays  be  re-elected  for  the  ensuing  year. 

Rule  7.  Not  less  than  three  directors  shall  constitute  Quorum 
a  quorum  for  the  transaction  of  business,  of  which  the 
president  shall  always  be  one,  except  in  case  of  sick- 
ness or  necessary  absence,  in  which  case  his  place  may 
be  supplied  by  another  director,  whom  under  his  hand 
he  shall  depute  for  that  purpose;  and  the  director  so 
deputed  may  do  and  transact  all  the  necessary  business 
belonging  to  the  office  of  president  of  said  corporation, 
under  the  name  of  president  pro  tem.,  during  the  con- 
tinuance of  the  sickness  or  necessary  absence  of  the 
president. 

Rule  8.  All  officers  of  the  bank,   the  president  and  omocrstogire 
directors  excepted,  shall  be  required  before  they  enter  ^""*'- 
upon  the  duties  of  their  office,  to  give  bond  and  security 
such  as  the  board  shall  approve. 

Rule  9.  Yearly  or  half  yearly  dividends  shall  be  made  Dividends, 
of  so  much  ofJ:he  profits  as  shall  appear  to  the  directors 
propei',  but  no  divide,nd  shall  be  paid  as  profits  which 
shall  trench  upon  the  capital  of  the  bank. 

Rule  10.  Once  in  ever}^  three  years,  the  directors  Triennial  state- 
shall  lay  before  the  stockho1ders*at  a  general  meeting™*"*'- 
for  their  information,  an  exact,  full  and  particular  state- 
ment of  the  condition  and  affiiirs  of  said  bank,  showing 
the. particulars  of  all  suspended  debts,  and  shall  give 
all  information  to  them,  required  for  a  proper  under- 
standing of  its  true  condition. 

Rule  11.  The  directors  shajl  have  power  to  call  a  Gcncrui  mectinr 
general  meeting  of  the  stockholders  at  any  time  they 
may  deem  necessary  and  expedient;  and  a  number  of 
stockhdlders  not  less  than  thirty,  who  together  shiill  be 
proprietors  of  five  hundi-cd  shares  of  stock  or  upward;^, 
may  at  any  time  call  a  general  meeting  of  the  stock- 
holders rehitivc  to  the  institution,  giving  at  least  six  jj^^t.^g  „f  ^u^,, 
weeks  noti<M'  in  the  newspaper  of  the  town  or  county  "•'■••I'ng. 


i 


18G1.  ^80 

ill  which  the  said  hank  is  located,  of  such  meeting,  and 
specifying  the  purpose  or  purposes  thereof. 
Annual  Riate-         RuLiii  12.  Thc  Said  bank  shall  make  to  the  Comptrol- 
uouer!** ^°"'''   ^^^  o^  Public  Accounts  a  return  once  in  every  year  of 
its  true  situation,  showing  the  amounts  of  its  assets  and 
liabilities,  and  of  what  they  consist ;  also  a  list  of  stock- 
holders of  said  bank,  and  a  list  of  the  shares  owned  by- 
each. 
.  ,  Rule  13.  The  Governor  of  thc  State  shall  appoint 

,  Commissioners  .      .  ,  ,  •         i      u    i 

annuaiiy  to IX-   aunually,  two  commissiouers  whosc  duty  it  shall  be  to 

amine.  examine  the  moneys,  books,  papers  and  documents  of 

the  said  bank,  and  otherwise  examine  into  its  condition, 

and  make  report  thereon,  within  two  months  alter  their 

appointment.     The  bank  shall  faVnish  all  information 

to  the  said  commissioners,  necessary  for  an  accurate 

Compensation  of  examination)  and  shall  pay  to  said  commissioners  four 

cominissioiiLrs.   (ij)]]m.g  p^j.  jr^y  each,  not  exceeding  ten  days  each ;  and 

Affidavit.  the  said  commissioners  shall  each  make  affidavit  before 

an  acting  justice  of  the  peace,  that  they  have  not  pre- 
vious to  the  time  of  their  visit,  communicated  to  the 
officers  of  the  said  bank  the  time  when  they  would  visit 
said  bank  for  examination  as  aforesaid,  which  said  affi- 
davit shall  be  filed  in  the  ofiice  of  the  Secretary  of  the 
State. 

Sec.  16.  Be  it  further  enacted.  That  by  way  of  bonus 

Bonus  In  lieu  of  #  ,•  ii   •        i        i.  j.i  •  i   i         i        i      ii 

aiiuxcs.  for  granting  this  charter,  the  said  bank  shall  pay  annu- 

ally into  the  treasury  of  the  State  on  or  before  the  first 
day  of  November  in  each  year,  and  while  the  bank 
shall  continue  banlcing  business,  an  amount  equal  to 
thrice  the  taxation  which  may  be  assessed  on  every 
huntlred  dollars  of  the  value  for  the  time  being  by  the 
State,  on  each  share  of  the  stock  of  the  bank,  which 
shall  be  in  lieu  and  composition  of  all  taxation  by  the 
State,  county,  town,  or  other  authority,  on  the  ca[:?ital 

Proviso.  stock  or  business  of  the  bank:  Provided,  That  all  real 

estate  owned  by  the  bank,  shall  be  subject  to  pay  taxes 
as  if  held  by  individuals. 

<n8iuer  to  in-         ^'"^C-  IT.  Bc  it  fuvthcr   cnacted,    That  whenever   any 

Worse -i-roiest.  bills,  uotc's,  chccks,  or  othcr  issues  of  said  bank,  are 
presented  at  the  counter  of  the  same  for  redemption, 
and  the  bank  shall  refuse  to  redeem  the  same  either  in 
gold  or  silver,  the  cashier  shall  write  across  the  back  of 
such  bill,  check,  or  other  issue,  the  word  "protested,"  with 
the  day  and  date,  and  shall  sign  the  same,  and  all  such 
bills,  notes,  checks,   or  other  issues  so  protested,  shall 


131  1861. 

draw  twelve  per  cent,  interest  from  the  date  of  such  , 
protest  and  till  the  same  shall  be  redeemed  together  intJi-esV"""' 
with  the  interest  that  may  have  accrued  thereon  ;  and 
if  any  such  note,  bill,  cheek,  or  other  issue,  be  presented 
to  said  bank  and  payment  refused,  and  said  officer  fail 
to  note  the  same  •'  protested  "  as  above  provided,  such  Penalty  for  raii- 
offieer  so  failing  and  his  securities,  shall  be  subject  to  !![®o\es'^t"'J^"!^°'' 
pay  double  the  amount  of  the  demand  offered  and  re- 
fused, to  be  recovered  by  the  person  aggrieved  in  any 
court  of  record  in  the  county  where  said  bank  may  be 
located. 

Sec.  18.  Be  it  farther  enacted.  That  no  stockholder  of  „., 

%-'  7  Other  reffula- 

said  bank  shall  receive  any  loan  from  the  bank  either  ii"»s. 
directly  or  indirectly  until  the  whole  amount  of  his 
stock  shall  be  paid ;  and  no  stockholder,  while  any  por- 
tion of  his  stock  is  unpaid,  shall  be  otherwise  a  debtor 
to  said  bank;  nor  shall  said  bank  under  an3^  pretext 
hold  any  stock  purchased  b}'  it  of  its  stockholders,  for 
more  than  six  months  from  date  of  purchase. 

Sec.  19.  Be  it  farther  enacted.  That  if  any  debt  or  de- „    „,  ,    . 

IJ  c  -11         ij?  1.  J-  May  file  bill  m 

mand  due  from  said  bank  tor  an  amount  exceeding  one  chancery, 
hundred  dollars,  shall  remain  unpaid  for  more  than  ten 
days  after  proper  demand  made  for  payment,  the  holder 
of  such  debt  may  file  a  bill  in  the  chancery  court  of 
the  county  or  district  in  which  said  bank  is  located,  for 
the  settlement. of  all  the  debts  of  the  bank,  if  he  elect 
so  to  do ;  and  may  on  proof  by  affidavit  of  such  refusal 
to  pay  on  demand,  and  of  the  continuance  of  such  re- 
fusal, made  to  any  chancellor  or  judge  of  any  circuit 
court  of  the  State,  pray  an  injunction  to  restrain  the 
said  bank  and  all  its  officers,  from  paying  out  or  in  any 
way  transferring  or  delivering  to  any  person,  any  money  procoedings. 
or  assets  of  said  bank,  or  incurring  any  obligation  or 
debt,  until  such  order  be  vacated  or  modified ;  and  if 
such  chancellor  or  judge  shall  be  of  opinion  that  the 
debt  is  justly  due,  and  that  the  bank  has  no  just  defence 
against  the  demand,  and  if  it  shall  a[)pear  expedient 
and  necessary,  upon  the  proof  presented,  in  order  to 
prevent  fraud  and  injustice,  he  shall  grant  an  order  for 
such  injunction:  Provided,  That  the  bank  shall  have  proviso, 
had  such  reasonable  notice  of  tJie  application  as  the 
chancellor  or  judge  may  prescribe,  and  shall  not  be  able 
to  show  .'sufficient  cause  against  the  same ;  and  the  said 
chancellor  or  judge  shall  then  proceed  further  to  intiuire 
on  such  further  notice  as  he  may  prescribe,  whether  the 


1861. 


lis 


bank  be  clearly  solvent  or  not,  and  may  require  the 
ollicers  of  the  bank  to  exhibit  any  and  all  of  its  books, 
papers^  acconnts,  assets,  moneyfe  and  effects,  and  to  be 
examined  on  oath  touching  the  same  before  him  ;  and  if 
it  shall  appear  that  said  bank  is  not  clearly  solvent, 
then  he  may  make  an  order  declaring  the  same  to  be 
insolvent,  and  requiring  its  atfairs  to  be  wound  up  and 
settled;  and  further,  if  in  his  opinion  the  safety  of  the 
creditors  shall  require  it,  such  judge  or  chancellor  may 
appoint  a  receiver  to  take  charge  of  the  assets  of  the 
bank,  and  to  close  and  settle  its  aftairs;  and  may  make 
all  such  orders  for  the  accomplishing  of  the  same  safely, 
properly  and  economically,  as  the  case  maj-  require;  but 
if  it  shall  appear  on  such  examination  that  the  said  bank 
is  clearly  solvent,  or  if  there  shall  appear  to  be  a  deficien- 
cy of  assets,  and  the  bank  shall  procure  and  give  good  se- 
curity for  the  payment  of  any  deiicienc}'  which  may  exist, 
and  that  the  assets  shall  prove  suiScientto  pay  or  satis- 
fy all  the  debts  of  the  bank  to  the  satisfaction  of  the 
judge  or  chancellor,  then  no  such  receiver  shall  be  ap- 
pointed ;  and  upon  the  payment  of  the  debt  complained 
of,  the  injunction  and  proceedings  shall  be   dismissed, 

ij^drsmiMcd'."^  and  such  order  shall  be  made  for  the  payment  of  costs 
as  the  judge  or  chancellor  shall  deem  just  and  proper, 
and  the  procce»lings  shall  be  returned  and  made  of 
record  in  the  chancery  court  of  the  cou.nty  or  district 
in  which  such  bank  is  located,  and  shall  be  subject  to 
revision  and  correction  by  the  supreme  court  as  in  other 
cases. 

Si^,  20.  Be  it  further  enacted.,  That  in  case  the  said 

f/owTopro°c«cTbank  be  found  insolvet)t,  and  settlement  of  its  affairs 
be  ordered  as  herein  provided,  the  same  shall  be  done 
upon  bill  filed  in  said  chancery  court,  under  the  orders 
of  the  court  and  the  rules  of  chancery;  and  full  distri- 
bution   shall    be   made   of  the  asseta  according  to  the 

]5!ii-hoMer8pre-i'ii?^^ts  of  all  parties;  but  the  holders  of  bank  notes  and 

ferrcd  crt-iiiiora.  o[,|ifrations,  issucd  fof  circuhitiou  as  money,  shall  be 
first  called  in  and  paid,  and  shall  have  priority  over 
other  debts  due  from  the  bank;  and  after  the  assets  of 
the  bank  are  exhausted,  if  they  be  not  sufiicient  to  pay 
all  debts  and  liabilities,  a  further  call  shall  be  made  on 
the  shareholders  in  the  bank  for  a  further  payment  of 
capital  over  and  above  the  sum  of  one  hundred  dollars 
of  an  amount  equal  to  the  deficiency  which  shall  be 
apportioned  among  all  the  shares  of  stock,  and  an  order 


133  1S61. 

shall  be  made  bj-  the  court  for  the  payment  by  eacli 
shareholder,  of  the  sum  or  proportion  due  on  his  shares 
of  stock ;  and  each  sharehohler  shall  pay  the  sum  so 
assessed  to  hinii  severally  in  proportion  to  his  stock. 

Sec.   21.    Be  it  further  enncfed,    That   the  summary  j,g„^p,,ijj,^^^j.^, 
remedy  in  this  act  esneoiallv  <jrivcn,  for  settlinsi'  up  and  i'>wo(iin  case  of 

1       •      "    i.1  if  •  i.'         •  1    1  ■     '"1  1      11  1       i.    ""xl  simple  BHspen- 

closmg  the  arhiirs  ot  said  bank,  sliall  apply  to  the  case  sion. 
of  insolvency,  but  shall  not  be  allowed  in  the  case  of  a 
suspension  of  specie  payment  only  by  the  bank,  when 
and  so  long  as  such  suspension  shall  be  sanctioned  by  ♦ 

the  General  Assembly,  or  by  the  Governor  of  the  State 
during  the  recess  of  the  General  Assemldy.  But  noth- 
ing in  this  act  contained  shall  be  so  construed  as  to 
deprive  a  creditor  of  said  bank  of  his   risrht  to  suit  in 

'        .1  .    ,  I  ,.  T  J  Creditor  may  8UC 

any  other  appropriate  mode  ot  proceed ir.gs,  or  to  pre- 
vent the  General  Asseml)ly  from  hereafter  regulating 
by  a  general  law,  in  relation  to  banking  institutions,  the 
mode  of  enforcing  and  satisfying  the  rights  of  creditors 
of  said  bank:  Frovidcd,  Any  bill  holder  shall  have  the  proviso, 
right  to  move  in  any  court  having  jurisdiction,  or  before 
any  justice  of  the  peace  in  the  towu  or  county  in  which 
the  bank  is  located,  as  the  case  may  require,  for  the  col- 
lection of  any  bill  the  payment  of  which  ina}^  be  re- 
fused. 

Sec.  22.  Beit  farther  enadcd.  That  notwithstandimr ^ 

.  ,  .         .  /■     1         ,  •  ,•  1  •    1       1  -1  ~  Corporal"  name 

the  expiration  ot  the  time  tor  winch  the  said  corpora- in  onits  and  for 
tion  is  created,  it  shall  be  lawful  to  use  the  corporate  chanefexpire!-? 
name,  style  and  capacity,  for  the  purpose  of  suits  and 
for  the  final  liquidation  and  settlement  of  the  affairs 
and  accounts  of  the  corporation,  for  the  sale  and  dis- 
posi:ion  of  its  estate,  real  and  personal,  and  collection 
of  its  assets,  but  not  for  any  other  purpose,  nor  for  a 
period  exceeding  two  years  after  the  expiration  of  said 
term  of  incorporation. 

Sec.  23.  Beit  further  enacted.    That  the  said    bank^.  ..„,     ..  Ji-ii 
shall  issue  no  bill  or  note  or  a  less  denomination  than  oncd«iiar.      "      H 
one  dollar. 

Approved,  November  28,  1861. 


Ac:  umended. 


1861.  .    ^  134 

No.  130.]'  A^  ACT 

In  relation  to  the  Bank  of  Alabama. 

Sec.  1.  Be  it  enatted  hy  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  act  entitled  "An  Act  to  incorporate 
the  JJiink  of  Alabama,  and  for  other  purposes,"  ap- 
proved Februar}'  13,  1860,  be,  and  the  same  is  hereby 
amended  as  follows,  to  wit:  by  striking  out  the  words 
"live  hundred. thousand  dollars"  wherever  they  occur 
fmedT/|5oo|-  in  said'act,  and  inserting  in  lieu  of  them,  at  the  several 
"'•"f.  places  where  the}-  are  so  stricken  out,  the  following 

words,  "  two  hundred  thousand  dollars,"  and  b}'  striking 
out  the  words  "one  year"  wherever  they  occur  in  said 
act,  and  in  like  manner  inserting  in  lieu  of  them,  the 
"Throe  years-    words  "three  vears:"  and  by  strikins:  out  of  article  1,  in 

for  ••oue  year.'        i^,,  .•'  n-i  i  ^  t  •    ^ 

the  loth  section  or  said  act,  the  words,  "  which  amount 

in  no  case  shall  be  less  than  two  hundred  thousand  dol- 

lars,"  and  inserting  in  lieu  of  them   the  wbrds,    "and 

T  mil.     .,,„,   the  amount  of  the  stock  subscribed  for.  shall  \»  no  case 

000 iM- less th:m  be  Icss  thaii  two  hundred  thousand  dollars,  nor   tlie 

^'''"^""  amount  of  gold  and  silver  paid  therein,   less  than  one 

hundred  thousand  dollars." 

Sec.  2.  Be  it  further  enacted,  That  the  act  mentioned 

Must  conforia  lo  i         ,■  i  •         i  t  •  <•     i  •  i 

amenamentsin  and  reierrcd,  to  in  the  preceding  section  oi  this  act,  be, 
and  the  same  is  hereb}'  amended  in  all  its  parts,  and  in 
all  respects,  so  as  to  make  it  conform  to  the  amend- 
ments of  the  said  act,  made  and  eftected  by  the  first 
section  of  this  act. 

AnotiR-ract  SiiC.  3.  Be  it  further  cnacted,  That  in  order  to  carry 

amemw.  ^,j^q  cftcct  the  aforcsaid  act,  as  amended  by  this  act,  the 

first  section  of  an  act,  entitled  "An  Act  to  authorize 
books  to  be  opened,  at  the  city  of  Montgomery  for  sub- 
scriptions to  the  capital  stock  of  the  Bank  of  Alabama," 
approved  February  8th,  1861,  be,  and  the  same  is  liere- 

"Two  years"  for  bv  amended,  by  strikins'  out  of  it  the  words  "one  year" 

"one  year."  S  .i  ^i   ■  ,•  •       i-  f-    ,i  .1 

wherever  they  occur,  and  inserting  in  lieu  or  tliem  the 
words  "  two  years;"  and  the  powers  granted  to  commis- 
^'  sioners  by  either  of  the  aforesaid  acts,  are  hereby  granted 

to,  and  continued  in,  the  commissioners,  or  a  majority 
of  them  named  in  the  said  act  approved  February  8th, 
^     9       1861,  and  may  be  exercised  by  them  so  as  to  enable  the 
Bank  of  Alabama  to  go  into  operation  at  any  time  be- 


135  .    .  ISGl. 


fore  the  loth  day  of  Febnia.iy,  1863,  in  accordance  with 
its  charter,  as  amended  by  this  act. 
Approved,  December  3,  1861. 


No.  131.]  AI^  ACT 

To  amend  the  Charter  of  the  Mobile  Savings  Bank. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  liep- 
resentaiivcs  of  the  State  of  Alabama  in  General  Assenibb/ 
convened,  Tliat  the  Mobile  Savings  Bank  is  hereby  ?in- Mayhecomc  a 
thorized  to  deposit  in  the  custody  and  ])ossession  of  the '^•'■^^ '^*"''- 
State,  taking  receipts  therefor  from  the  Comptroller, 
bonds  of  the  Confederate  States  of  America,  or  of  the 
State  of  Alabama,  to  the  extent  of  two  hundred  thou-  * 

sand  dollars,  in  sums  of  not  less  than  fifty  thousand 
dollars  at  a  time,  to  remain  as  a  security  for  such  bills, 
or  notes,  as  the  said  Bank  may  i.-sue  and  put  in  circu-  ^ 

lation,  and  thereupon  the  said  bank  shall  be  authorized  fl^ 

to  issue  its  bills,  and  notes,  to  the  extent  of  two  dollarsT«o.ioiiarsror 
for  each  and  every  dollar  of  said  securities  so  deposited : 
Prondcd,  that  no  issue  under  this  act  shall  be  made  of  proviBo. 
less  denomination  than  one  dollar;   and,  provided,  fur- 
ther, that  the  Comptroller  shall  not  countersign  any 
notes  or  bills  for  said  Savings  Bank  until  the  sum  of  !nn'\nno at  icasi 
one  hundred  thousand  dollars  of  such  bonds,  as  are  ",'r'!i,'lfeomp-*" 
above  mentioned,  shall  have  been  deposited  with  him,  "•"""■ 

Sec.  2.  lie  it  furthh'  enacted,  That  each  stockholder  Liability  of  the 
shall  be  liable,  (in  addition  to  their  stock,)  in  his  or  l,er^'  '''•"'"''"^• 
individual  capacity,  to  an  amount  equal  to  the  stock 
held  by  him,  or  her,  for  the  redemption  of  all  issues 
made  by  said  Savings  Bank;  and  the  sale  and  transfer 
of  stock  by  any  stockholder  of  his,  or  her  stock,  shall 
not  relieve  them  of  their  liability  for  the  redemption  of 
tlie  issues- of  said  bank,  until  the  expiration  of  twelve 
months  from  and  after  the  date  of  such  sale  and  trans- 
fer of  stock. 

Sec.  3.  Be  it  further  enacted,  That  the  said  bank  shall  ^'-'x  r-"''" ''"• 
be  entitled  to  receive  from   the  Comptroller  or  otlierest. 
custodian  of  the  said  bonds  so  deposited,  such  coupons 
of  interest  on  the  same  as  may  from  time  to  time  bo 
fully  due,  in  the  current  year. 

Sec.  4.  Be  it  further  enacted,   That  if  tlie  said  bank 


*. 


1861.  136 

I- pou  failure  to  ^^^^^^  rcfusG  OF  fail  to  rcdeeni  in  gold,  or  silver,  any  of 
re.K-ctn,  the  pro-its  issuos  authorized  under  this  act,  it  shall  be  tije  duty 
"igs.  ^^.  ^j^^  Comptroller  to  prosecute  said  bank  for  such  de- 

fault in  the  circuit  court  of  Nfobile  county,  and  on  con- 
viction thereof,  he  shall   sell  the  said  bonds,  or  a  sutii- 
cient  amount   of  them,    to  cover  such  defalcation,  at 
public  auction,  after  thirty  days  notice  by  publication 
in  one  or  more  newspapers  in  Mobile,  and  shall  apply 
the  money  received  tor  said  sales,  to  the  payment  of 
said  issues,  and  all  necessary  expenses,  and  cost,  return- 
ing to  the  bank  the  surplus,  if  any,  arising  from  said 
sale. 
Ketnedy  if  u.e        ^^^*  ^-  ^^  it  further  enactccl,  That  if  the  proceeds  of 
stock  or  bonds    stoclc.  Or  bouds,  sold  under  the  provisions  of  this  act, 
cieiit.  '  shall  be  insufficient  to  pay  the  bills,  payment  of  which 

shall  not  have  been  made  on  the  sale  of  the  stock  as 
•  aforesaid,  then  the  holder  of  such  notes  or  bills  may 

sue  said  Savings  Bank,  and  recover  the  balance  due,  in 
the  same  manner  as  any  other  debt  that  they  may  owe, 
ProviHo.  and  which  remains  unpaid  :   Provided,  hoivever,   that 

the  holder  of  any  note  or  bill,  the  payment  of  which 
Sue  dirfctiv.  has  been  refused,  may  sue  said  bank,  directi}',  without 
any  proceeding  to  sell  said. stock,  if  such  holder  shall 
Must  arstnur-  sec  j)roper :  Provided,  however,  .that  before  said  Savings 
stale'  bond^uf  ^'^^^^  shall  take  any  benefit,  or  privilege  under  the  pro- 
I'sf-  visions  of  this  act,  it  shall  purchase  from  the  Governor 

filty  thousand  dollars  of  the  bonds  of  this  State  at  par, 
and  shall  be  under  obligations  to  make  annual  returns 
^^'!Tl.?'"™*  <^f  its  condition,  and  the  names  of  its  stockholders  to 
the  Governor;  and  shall  pay  the  same  rate  of  taxes  to 
the  State  as  is  required  by  the  existing  law  to  be  paid 
by  the  13:ink  of  Selma. 
Approved,  December  9,  1861. 


No.  132.]  AN  ACT 

To  Incorporate  the  East  Alabama  Insurance  Company. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  Mouse  of  Rep- 
resentatives of  the  Stale  of  Alabama  in  General  Assembly 
concened,  That  Wm.  11.  Chambers,  E.  B.  Young,  John 
Body  corporate.  McNab,  Junius  Jordau,  Eli  S.  Shorter,  Edward  S.  Ott, 
William  II.  Thornton  and  William  Abney,  and  their 


187  1861. 

associates,  be,  and  they  are  hereby  constituted  a  body 
corporate,  under  the  name  and  style  of  "  The  East  vVla-  Name 
bania  Insurance  Company,"  and  by  that  name  shall  be 
capnlile  ofsuinp;  and  beinc;  sued  in  all  the  courts  of  this 
Stale;  of  purchasing,  holding  and  conveying  property  ^"' ''*«*=*• 
of  jJl  descriptions;  of  making  and  issuing  a  common 
seal,  and  generall}'  of  doing  any  act  necessary  to  carry  ^ 

into  ettect  the  objects  of  the  corporation,  not  inconsist- 
ent with  the  constitution  and  laws  of  this  State  :    And 
the  said   company  is  also  authorized  to  discount  notes, 
drafts  or  bills  of  exchange,  and  receive  deposits  in  trust; 
to  borrow  money  ;  that  the  capital  stock  of  said  cor- capital  otocic. 
poration  shall  be  one  hundred  thousand  dollar^,  with 
the  privilege  of  increasing  the  same  to  three  hundred 
thousand  dollars,  whenever  the  board  of  directors  deem 
it  exiiedient,  divided  into  shares  of  one  hundred  dollars  gi,are8. 
each,  live  dollars  on  each  share  to  be  paid  at  the  time 
of  subscribing,  and  five  dollars  additional  on  each  share 
to  be  paid  ninety  days  after  the  time  of  subscribing,  whenpoid. 
and  the  remainder  in  such  instalments  as  the  directors 
ma}'  appoint;  the  said  stock  shall  be  deemed  and  held  ^ 

as  personal  property;  and  if  any  stockholder  shall  neglect  I 

and  refuse  to  make  the  payments  as  required,  his  stock  Remedy  against 
may  be  sold  by  order  of  the  president  and  directors,  JJo[d"l.s_"^*'°*^''' 
and  such  stockholder  shall  be  liable  for  the  balance  due 
by  him  as  stockholder,  to  the  corporation  as  it  becomes 
due,  and  may  be  sued  therefor  in  the  circuit  court  of 
Barbour  county,  whether  he  lives  in  said  county  or  not. 

Skc.  2.  Be  it  further  enacted,  That  notice  shall  be  given  j,otico  of  opcn- 
for  two  successive  weeks  in  a  newspaper  published  in  ing  books  of  sub- 
the  county  of  Barbour,  of  the  time  and  place,  when  and  *""'' '°°" 
where  subscriptions  will  be   received  for  stock  in   said 
comi)any.     Said  subscription  shall  be  opened  under  the 
inspection  and   control  of  Wra.  II.  Chambers,  Junius 
Jordan,  and  William  Abney.    The  books  shall  be  kept 
open  for  five  days,  and  if  at  the  end  of  t^iat  time,  more 
than    one   hundred   thousand  dollars  have  been    sub- 
scribed,  the   subscriptions   shall   be  scaled,   until   the 
amount  is  reduced  to  that  sum.    If  less  than  fifty  thou- 
sand dollars  have  been   subscribed,  the  managers  shall  nooksopened 
give  notice  as  in  the  first  instance,  and  keep  the  books '**'*'• 
open  lill  the  sum  of  fifty  thousand  dollars  has  been  sub- 
scribed. 

Sec.  3.  Be  it  further  enacted,  That  as  soon  as  the  sum 
of  fifty  thousand  dollars  has  been  subscribed,  The  man- 


1861. 


138 


Klcction  of  di- 
rectors. 


By  ballot. 


President. 


General  icsu- 
^    ranoe. 


IJi 


Term  of  charter. 


Property,  fund' 
Ac  ,  subject  to 
certain  lax. 


Certain  jtiiHio 
laws  apply. 


agers  aforesaid  shall  give  notice  for  two  successive 
weeks  by  advertisement  in  a  newspaper  published  in  the 
county  of  Barbour,  calling  the  stockholders  together  for 
an  election  of  five  directors,  the  election  for  whom  shall 
be  held  under  the  direction  and  control  of  the  managers 
aforesaid.  There  shall  be  five  directors,  each  one  of 
wliom  shall  own  at  least  twenty  shares  of  stock,  and 
who  shall  hold  their  oflice  for  one  year,  and  until  their 
successors  are  elected.  The  election  shall  be  held  by 
ballot,  each  stockholder  being  entitled  to  one  vote  for 
each  share  of  the  capital  stock  which  he  may  hold. 
Stockholders  may  vote  in  all  elections  by  proxy  in 
writing.  All  subsequent  elections  shall  be  held  under 
the  direction  of  persons  appointed  by  the  board  of  di- 
rectors. iThe  board  of  directors  shall  have  power  to 
elect  one  of  their  number  president  of  the  company  and 
to  fix  his  compensation,  and  also  to  pass  such  by-laws 
as  may  be  necessar}^  for  the  government  of  the  company. 

Sec.  4.  Be  it  further  enacted,  That  the  said  incorpo- 
ration shall  have  power  to  make  general  insurance  upon 
houses,  gin-liouses,  cotton,  corn  and  other  produce; 
upon  lives  and  health  of  both  white  persons  and  slaves; 
upon  live  stock  of  every  description ;  upon  vessels, 
boats,  freights,  money,  goods,  wares  and  merchandize, 
and  any  other  species  of  property  against  loss  b}^  fire, 
dangers  of  the  sea,  rivers  or  otherwise,  at  such  rates  of, 
premium  as  they  may  agree,  and  to  transact  all  sucb 
matters  as  appertain  to  an  insurance  company. 

Sec.  5.  Be  it  further  enacted^  Thai  this  charter  and  all 
the  privileges  and  powers  herein  granted,  shall  continue 
in  force  for  the  full  term  of  thirty  years  from  the  sub- 
,  scription  of  stock,  and  that  the  propert^y,  funds  and 
business  transactions  of- the  company  shall  be  subject 
to  the  same  rate  of  taxation  imposed  by  law  on  the 
property  and  similar  business  transactions  of  other  in- 
surance companies,  chartered  by  this  State. 

Sec.  6.  Be  it  further  enacted,  That  all  public  laws 
now  in  force,  or  which  may  hereafter  be  passed  prohib- 
iting or  regulating  agencies  for  foreign  banks,  or  in 
relation  to  the  circulation  of  issues  of  ibieign  banks  or 
companies  as  money,  shall  operate  upon  and  apply  to 
the  corporation  hereby  created;  and  that  said  insurance 
company  shall  not  act  as  the  agent  of  any  bank  or  other 
company  incorporated  by,  or  located  in,  another  State, 
in  carrying  on  the  business  of  banking  in  this  State. 


,  189  1861. 

Sec.  7.  Be  it  further  enacted,  That  all  bonds,  bills,  payable  at  office, 
and  promissory  notes,  made  paj'able  at  the  office  of  the 
East  Alabama  Insumnce  Company,  shall  have  the  same 
legal  effect,  and  be  subject  to  the  same  legal  remedies, 
as  if  the  same  were  made  payable  in  or  at  a  bank,  or 
banks  of  this  State. 

Sec.  8.  J]e  it  further  enacted,  That  the  president  or  Anmiai  state- 
secretary  of  said  company,  must,  on  the  second  Mon-")^',"*"'^*"'"'^'" 
day  in  January  in  each  year,  make  out  under  oath,  a 
statement  of  the  condition  of  said  company,  showing 
the  amount  of  its  assets  and  liabilities,  and  shall  pub- 
lish said  statement  in  some  newspaper  of  general  circu- 
lation published  in  Barbour  county,  and  upon  failing  to  pe„aity  for  fail- 
coniply  herewith,  the  charter  of  the  said  company  shall  »■•"• 
be  and  the  same  is  herebj-  forfeited. 

Sec.  9.  Be  it  further  enacted,   That  the  stockholders  Liability  of  tue 
shall  be  liable  and  responsible  for  the  amount  of  their  ^""^ 
stock,  and  no  more. 

Approved,  December  9,  1861. 


No.  133.]  AN  ACT 

To  incorporate  the  Gulf  City  Insurance  Company.  W-v^'m    • 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of  Ilep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convenjed,  That  there  shall  be  established  in  the  city  of  ** 
Mobile,  a  company  for  the  purpose  of  transacting  a  gen- 
eral insurance  business,  which  company  shall  be  called 
and    known   by  the  name  of  the  Gulf  Cit}'  Insurance  Name. 
Company,  and  all  such  persons  as  shall  be  stockholders, 
and  their  successors,  shall  and  may  have  continued  suc- 
cession ;  and  shall  be  capable  in  law  of  suing  and  being  I'J'^ "'"'  '^esucd, 
sued,  pleading  and  being  impleaded,  answering  and  be- 
ing answered  unto,  defend   and  being  defended  in  all 
courts  and  places  whatsoever,  in  all  manner  of  actions, 
suits,  complaints,  matters* and  causes  whatsoever,  and 
they  and  their  successors  may  have  a  common  seal,  and 
may  change  and  alter  the  same  at  pleasure;  and  also, 
they  and  their  successors,  by  the  name  and  title  of  the 
Gulf  City  Insurance  Company,  shall  be  in  law  capable  Hold  property, 
of  purchasing,  holding  and  conveying  all  kinds  of  es- 
tates, whether  real  or  personal.     That  the  capital  stock 

% 


1861. 


140 


Capital  stock. 

Shares. 
"When  paid. 


Proviso. 


Commissioners 
to  open  books. 


# 


of  said  companj'^  shall  be  one  hundi'ed  thoirsand  dollars 
whenever  the  board  of  directors  deem  it  expedient,  di- 
vided into  shares  of  one  hundred  dollars  each,  live 
dollars  on  each  shai-e  to  be  paid  in  cash  at  the  time  of 
subscribing,  and  the  remainder  by  such  installments  as 
the  directors  may  appoint  whenever  it  shall  be  deemed 
expedient  to  call  for  the  same :  Provided,  That  said  G(^m- 
pany  shall  not  commence  operations  until  the  one- 
foui'th  of  the  amount  of  the  capital    stock  shall  have 

Further  proviso,  becu  paid  in  cash :  Pi  ovided,  further,  That  upon  increas- 
ing the  capital  stock  of  said  company  as  here  provided 
for,  a  propoi'tionate  increase  of  cash  payment  shall  be 
made  at  the  time  of  such  increase  of  capital  stock. 

Sec.  2.  Be  it  farther  enacted,  That  subscriptions  shall 
be  opened  in  the  city  of  Mobile  for  the  said  shares  un- 
der the  superintendence  of  Colin  J.  McRae,  W.  F. 
Cleveland,  Thomas  B.  Stallsworth,  Samuel  S.  Webb, 
and  William  Boyles,  or  any  three  of  them,  which  said 
subscription  shall  continue  open  until  fifty  thousand 
dollars  be  subscribed,  but  no  share  shall  entitle  the 
holder  to  vote  at  any  election,  unless  the  same  shall 
have  been  \\q\^  bona' fide  by  him  or  her,  at  least  ten  days 
next  immediately  before  such  election. 

Sec.  3.  Beit  further  enicted,  That  there  shall  be  chosen 
five  directors,  who  shall  hold  their  oflice  for  one  year, 
and  until  their  successors  shall  be  duly  qualified,  which 
dii-ectors  at  the  time  of  their  election,  and  dui'ing  their 
continuance  in  ofiice,  shall  be  holders  in  their  own 
right  of  at  least  five  shares,  and  shall  be  elected  annu- 

Eiectcd annually  ally  after  the  first  election,  at  the  office  of  said  com- 
pany, or  at  any  other  convenient  place  in  the  city  of 
Mobile,  and  at  such  time  of  the  day  as  the  president  of 
the  company  may  appoint,  of  which  election,  notice 
shall  be  given  in  one  or  more  papei-s,  published  in  the 
city  of  Mobile,  and  said  election  shall  be  by  ballot,  and 
in  person  or  by  proxy,  and  each  stockholder  shall  be 
entitled  for  eveiy  five  shares,  to  one  vote,  and  if  no 
election  takes  place  on  any  such  da}^  appointed,  the 
president  may  oi'der  the  same  from  time  to  time  until 
an  election  be  effected. 

Manner  in  which      ^^c.  4.  Be  it  further  enacted,  That  the  directors  of  the 

^hoKn^'^^""  said  company  in  the  first  instance  shall  be  chosen  in  the 
following  manner,  vix :  as  soon  as  fifty  thousand  dollars 
shall  have  been  subscribed,  the  said  Colin  J.  McRae, 
W.  F.  Cleveland,   Thomas  B.   Stallsworth,  Samuel  S. 


Directors. 


QualiflcationB. 


141  1861. 


"Webb  and  William  Boyles,  before  namecl,  shall  appoint 
a  place  in  the  city  of  Mobile  for  the  proceeding  to  the 
election  of  five  directors,  and  it  shall  be  lawful  for  said 
election  to  be  then  and  there  holden  by  the  subscribing 
stockholders,  by  ballot,  under  the  before  mentioned  per- 
sons, or  any  three  of  tliem,  notice  of  which  election  to 
be  given  in  one  or  more  papers,  printed  in  the  city  of 
Mobile,  and  the  persons  then  and  there  chosen,  shall  be 
the  first  directors,  and  shall  serve  for  one  year  and  until 
their  successors  shall  be  qualified,  that  they  shall  meet 
as  soon  as  convenient  after  the  election  and  choose  out 
of  their  own  body  a  president,  who  shall  serve  until  prwijcnt. 
another  board  by  election  be  qualified. 

Sec.  6.  Be  it  further  enacted.  That  the  directors,  or  a  By-iaws.Ae. 
majority  of  them,  shall  have  power  to  make,  prescribe  '     • 

and  alter  such  by-laws,  rules  and  regulations  as  to  them 
may  appear  needful  and  proper  for  the  management 
and  disposition  of  its  stocks,  property,  estates  and  ef- 
fects:  Provided,  they  shall  not  be  repugnant  to  the 
constitution  and  laws  of  this  State.  » 

Sec.  6.  Be  it  further  enacted.  That  the  president  andGencraHngu- 
one  director,  or  two  directors  in  the  absence  of  the  presi-  '■'"'*=^- 
dent,  shall  have  full  power  and  authority  in  behalf  of 
the  corporation,  to  make  general  insurance  upon  live 
stock,  life,  health,  fire,  nuirine,  river  freights,  moneys, 
goods,  wares  and  merchandize  generally,  and  to  fix  pre- 
miums for  the  same,  also  to  transact  all  such  matters 
as  appertain  to  an  insurance  company;  and  all  policies 
made  by  them  and  subscribed  to  by  the  president  or 
two  directors,  and  countersigned  by  the  secretary,  shall 
be  binding  and  obligatory  upon  the  said  corporation, 
in  like  force,  as  if  un\ler  the  seal  of  said  corporation. 

Sec.  7.  Be  it  further  enacted,  That   any   stockholder  Remedy  aprain.it 
after  subscribing,  who  shall  neglect  or  refuse  to  pay  the  fjiljer!^"^*"""" 
amount  due  and  unpaid   on    his  stock,  when  called  by 
the  directors,   shall  forfeit  his  stock  and  first  payment, 
if  not   paid   within    ihirty  days  after  a  written  notice 
servcdf  on  him  by  the  secretary  of  the  corporation. 

Sec.  8.  Be  it  further  enacted,  That  said  corporation  is  ix)aniisfund«. 
hereby  authorized  to  loan  its  funds  on  any  public  stocks 
of  incorporated  companies,  or  upon  the  ^States,  or  that 
of  the  Confederate  States,  or  to  invest  the  same  in  real 
or  personal  securities,  or  in  the  purchase  ot  notes,  do- 
mestic or  foreign  exchange,  or  bullion. 

Sec.  9.  Be  it  further  enacted,  That  the  said  corpora- 

r  ■" 


Proriso. 


1801.  142  t 

Rights.  ti'^i'i  ^^^  ^'"'d  it  is  hereby  authorized  to  receive  in   trrist, 

or  on  deposit,  all  funds  or  means  that  may  be  oitered  to 

thera,  whether  on  interest  or  otherwise,  and  that  they 

have  power  to  give  acknowledgements  for  such  deposits 

in  such  manner  and  form  as  they  maj'deem  convenient 

and  necessarj-  to  transact  such  business .  Frovided,  Tliat 

no  paper  issued  by  said  company  shall  be  in   the  form 

of  bank  bills,  or  circulate  as  money:  Provided,  furiher, 

That   nothing  herein  contained,  shall  be  so  construed 

as  to  authorize  said  company  to  exercise  banking  privi. 

leges. 

Funds  devosited      Sec.  10.  Be  U  further  enacted,  That  all  funds  or  moneys 

not  liable.         deposited  with  said  company,  as  above  provided    for, 

shall  be  free  from  liability  for  any  loss  or  indebtedness, 

*  arising  or  growing  out  of  the  insurance  business  of  said 

corporation. 

Vacancies  in  the      S^^'  ^^-  ^^  U  furtliev  euacted,  That  in  case  of  vacan- 

board,  how  filled  ey  occurring  in  the  board  of  directors  of  said  company, 

it  may  be  lawful  for  the  remaining  directors  to  fill  such 

•     vacancy'  by  electing  any  stockholder  qualified  according 

to  the  requirements  of  the  charter. 

Sec.  12.  Be  it  further  enacted.  That  any  stock  in  said 

Stock  held  as  se-  ^.  '  ,     ,  '  ''  •      i     i   ^      n 

curity  in  certain  corporation  owucd   by  any  person  or  persons  indebted 
''*'^'  to  said  company,  v.diether  as  principal   or   security  for 

others,  and  whether  said  indebtedness  be  due  or  has  not 
yet  matured,  shall  at  the  option  of  the  directors  of  said 
company,  be  held  as  security  until  said  indebtedness  is 
discharged,  and  in  case  of  failure  of  payment  of  said 
indebtedness  within  twenty  days  after  maturity  of  the 
same,  the  directors  shall  have  power  to  sell  said  stock, 
or  as  much  thereof  as  will  satisfy  said  indebtedness,  by 
advertising  the  same  for  ten  days  prior  to  sale,  in  any 
newspaper,  published  in  the  city  of  Mobile,  and  without 
any  further  notice  to  the  owner  thereof. 
Contracts,  how  ^EC.  13.  Be  it  further  enacted,  That  all  contracts  for 
signed.  i]^Q  payment  of  money  by  the  said  corporation,    shall 

be  signed  by  the  president  and  countersigned    by  the 
secretary, 
stock  and  prop-      Sec.  14.  Be  it  furthcr  enacted,  That  the   amount  of 
erty liable.        capital  stoclc,  actually   paid  in,  and   property  of  said 
company,  shall  at  all  times  'be  liable  to  the  same  rules 
of  taxation  as  the  property  of  individuals  or  like  cor- 
porations in  this  State. 
EetabiiBh  Sec.  15.  Be  it  further  enacted,  That  the  board  of  di- 

•geociM.         rectors  shall  have  power  to  establish  such  agencies   as 


tis  1861. 

they  may  deem  expedient   and   for  the  interest  of  the 
corporation. 

Sec.  16.  Be  it  further  enacted,  That  this  corporation  when  operations 
shall    have   the    privilege   to  organize  and  commence  '"''^  commence, 
operations,  as  soon  as  the  terms  of  the  charter  are  com- 
plied with. 

Sec.  17.  Be  it  ft /rthcr  enacted,  That   in    addition    to  A.iditionai  lia- 
thc  liahility  of  said  company  in  its  corporate  character,  '^"'"•^" 
the  stockholders  shall  be  liable  for  the  indebtedness  of 
said  company  to  the  extent  of  the  amount  of  the  stock 
held  by  each  in  said  company. 

Sec.  18.  Be  it  further  enacted,  That  this   act   shall  Termor  charier, 
continue  and   be   in    force  for  twenty  years,  and  take 
etfect  from  the  day  on  which  it  shall  be  approved  by  the 
Governor. 

Approved,  December  10,  1861. 


]N"o.  134.]  AN  ACT 

To  incorporate  the  City  Savings  Association  of  Mobile. 

Sec.  1.  Be  it  enacted  by  the  Sc^ate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  William  A.  Garnett,  Edward  A.  Shaffer,  nody  corporate 
M.  G.  Hudson,  K.  M.  Gage,  W.  H.  Minge,  John  II. 
Beardslee,  James  Bond,  and  such  others  as  may  be  as- 
sociated with  them  for  that  purpose,  and  their  succes- 
sors, be  and  they  arc  hereby  created  a  body  corporate, 
by  the  name  and  style  of  the  "City  Savings  Associa- Name, 
tion,"  with  power  to  sue  and  be  sued,  in  all  the  courts 
of  this  State,  of  purchasing  property  of  all  and  every 
description,  to  make  and  use  a  common  seal,  and  the 
same  to  alter  and  renew  at  pleasure,  and  generally  to 
do  all  and  every  act  necessary  to  carry  out  the  objects 
of  the  cor[toration,  not  inconsistent  with  the  laws  and 
const itutioi\  of  this  State. 

Si'c.  2.  Be  it  further  enacted,  That  said  corporation,  Director«. 
l)efi>re  named,  or  any  two  or  more  of  them,  may  organ- 
ize the  association,  and  may  appoint  five  directors  to 
serve  until  the  first  Monday  in  January  following,  or 
until  their  successors  are  chosen  and  accept,  and  there- 
after on  the  first  Monday  iip  January  in  each  year,  the  Annual  meeting, 
association  shall  hold  an  annual   meeting  and   choose 


1861. 


144 


five  directors  for  the  year  ensuing.  The  directors  shall 
President.  clioose  onc  of  their  number  president  of  the  associa- 
tion and  of  their  board,  and  they  shall  have  power  to 
prescribe  rules  and  b^Maws  regulating  the  business  of 
the  association,  with  its  members  and  with  other  per- 
Certain  powers.  SOUS;  tho}"  shall  fill  vacaucics  in  their  number;  the}'^ 
shall  have  po^AJer  to  employ  a  secretary  and  treasurer 
one  or  both,  or  to  combine  tt)eir  duties,  and  such  other 
oflicers  as  may  be  needful,  and  shall  prescribe  the  duties 
of  the  officers,  and  take  such  bond  as  may  be  sufficient, 
and  such  officers  they  may  remove;  they  shall  hold 
office  until  their  successors  are  elected  and  appoint- 
ed ;  and  said  president  and  directors  shall  have  gen- 
eral supervision  and  control  of  the  business  of  the 
association,  and  all  necessarj'  power  for  that  purpose, 
subject  to  the  action  of  the  association  in  general  meet- 
ing. The  associution  shall  hold  such  general  meetings 
as  may  be  deemed  necessary.  In  case  the  association 
should  deem  it  advantageous,  it  may  provide  for  a 
change  of  the  board  of  directors,  except  the  president, 
by  two  going  out  and  the  appointment  of  two  others 
quarterly  or  semi-annuallj^  but  no  place  shall  be  con- 
sidered vacated,  until  the  successor  is  appointed  and 
accepts. 

Sec.  3.  Be  it  further  enacted,  That  each  member  of 
the  association  shall,  upon  its  organization,  pay  the 
sum  of  three  hundred  dollars,  and  thereafter  the  sum 
of  ten  dollars  on  the  first  of  each  month,  which  sums 
and  such  other  as  the  association  may  add  thereto,  shall 
be  capital  stock.  The  association  may  prescribe  the 
penalty  in  case  of  default  by  a  member,  and  may  secure 
itself  against  loss  b}'  taking,  holding  or  applying  the 
interest  of  the  member  to  the  payment  of  the  install- 
ments due.  The  association  shall  prescribe  the  manner 
and  terms  of  admission  to  membership,  until  compliance 
with  which,  no  person  shall  be  a  member;  also  may 
govprti  as  to  the  withdrawal  or  expulsion  of  a  member, 
and  the  interest  of  a  member  shall  in  such  case,  be  sub- 
ject to  such  terms  as  the  association  may  deem  its  own 
interest  and  safety  require,  and  in  every  case,  the  inter- 
est of  a  member  shall  be  subject  at  all  times  to  any  debt 
or  liability  to  the  association.  In  case  of  death  of  a 
member,  the  association  shall  not  be  required  to  make 
eettleraent  within  twelve  months,   and  mav  retain  to 


Pubscrlptionf, 
liow  paid. 


Terms  of  admis 
eion. 


Further  powers, 


146  1861. 

cover  bad  or  floubtful  debts,  or  to  pay  any  debt  or  lia- 
bility to  the  association  from  such  member. 

Sec.  4.  Be  if  further  enacted^  That  it  shall  be  the  duty  savings  of  mom- 
of  the  association  to  receive  on  deposit  the  savings  and  ''era, Scon  de- 
earnings  of  its  members,  clerks,  shop-keepers,  and  other 
persons,    that  may  be   offered    to  it,  and  to  give  ac- 
kn(nvledgements  for  such  dei)0sits  as  may  be  convenient 
and  nccessarv;  to  nay  to  said  depositors  interest  on  such  „   . 
terms  and  rates,  or  without  interest,  as  may  be  agreed 
on  with  the  depositors,  or  as   may   be  provided  in  the 
by-laws,  in  case   of  no  agreement,    and  to   repay   the 
principal,  after  such  notice  as  may  be  provided  in  the 
by-laws,    and    upon    surrender   of  such    receipts  or  ac- 
knowledgement: Provided,    That  said    company   shall 
not  be  compelled  to  receive  a  smaller  deposit  than  five 
dolhirs,   nor  to  pay  interest  until  the  sum  of  twenty 
dollars   shall    have   been  deposited  by  any  one  person,  ^  il 

nor  until  it  shall  have  remained  for  thirty  days. 

Sec.  5.  Be  it  further  enacted,  That  to  secure  depositors  capital  stock 
from    loss   by  said   company,  the  capital  stock  of  said  and  de'po'sue.''** 
company,  and  all  property  owned  by  it,  shall  be  subject 
to  the  debts  and  deposits  of  said  company. 

Sec.  6.  Be  it  further  enacted,  That  it  shall  be  the  Rcc«»ve  for  cot- 
duty  of  the  association  to  receive  for  collection  upon '**'"°"' 
the  usual  terms,  all  promissory  notes  and  bills  of  ex- 
change, made  payable  at  its  office,  or  at  any  of  the 
banks  or  banking  offices  in  the  city  of  Mobile,  and  for 
convenience  the  office  of  the  association  may  be  known 
as  the  City  Savings  Association,  and  all  notes  and  bills 
>of  exchange,  made  payable  at  its  office,  shall  be  govern- 
ed in  all  things  by  the  law  merchant  as  established  in 
this  State. 

Sec.  7.  Be  it  further  enacted,  That  in  order  to  enable  5,.jy,on,jijg 
the  association  to  pay  interest  to  depositors,  and  to  dis-f""''«- 
charge  the  other  duties  imposed  hereby,  they  are  em- 
powered and  authorized  to  lend  its  funds  upon  any 
public  stock  of  this  State,  or  of  the  Confederate  States, 
or  any  State  of  the  Confederacy,  or  any  chartered  bank 
or  institution  of  this  State,  or  upon  bond  and  mortgage 
security,  or  upon  personal  security,  and  may  purchase 
and  sell  stock  of  the  banks  and  other  chartered  corpora- 
tions of  this  State,  or  foreign  and  domestic  exchange, 
notes,  bills  of  exchange,  drafts,  bullion,  and  uncurrent 
notes  and  funds,  and  that  it  may  acquire,  hold  and  sell 
10 


1861.  146 

real  estate  as  a  corporation,  and  erect  buildings  theraon 
for  the  use  of  the  association,  not  exceeding  twenty 
thousand  dollars  in  value,  and  such  other  real  estate, 
and  other  property,  as  may  be  acquired  in  the  way  of 
securing  its  debts  or  claims. 

Sec.  8.  Be,  it  further  enacted,  That  the  capital  of  said 
ceTd!'''''''*'''^^' association  may  be  increased  to  a  sum  not  exceeding 
Proviso.  one  hundred  thousand  dollars:  Provided,  That  said  as- 

sociation are  not  authorized  to  sell  or  purchase  stocks  on 
time,  and   that  the  charter  hereby  granted,   shall   be 
Limit  of  charter,  limited  to  the  period  of  twenty   years   from   the   time 
said  association  shall  be  established,    and  the  charter 
Must  go  into  op- herein  granted,  shall  be  null  and  void  unless  it  shall  be 
oLe'ye'Lr!'^'*'"'^    put  iu  opcratiou  iu  one  year  from  the  passage  of  this 
act. 

Approved,  November  11,  1861. 


Is^o.  135.]  KE  ACT 

To  amend  an  act  to  incorporate  the  Southern  Insurance 
Company  of  Mobile,  approved  February  8,  1858. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That"  from  and  after  the  passage  of  this  act, 
.     the  Southern  Insurance  Company  of  Mobile,  be  and  it 
river  and  fire  in- is  licreby  autliorlzcd  to  transact  and  do  a  general  ma- 
surance.  riiic,  rivcr  and  tire  'nsurance  business,  and  the  presideni 

and  directors  of  said  company  shall  have  full  power  to 
make  marine,  river,  fire  and  general  insurances,  upon 
all  insureable  property,  and  to  fix  premiums  for  the 
same,  on  behalf  of  said  company,  according  to  their 
charter  and  by-laws,  as  hereby  amended. 
_,.  ,■  «  Sec.  2.  Be  it  farther  enacted.  That  the  election  of  di- 
lion  of  directors,  rcctors  of  Said  compauy,  shall  be  held  on  the  second 
Tuesday  of  January  of  each  year,  and  if,  from  any 
cause,  such  election  is  not  made  on  that  day,  it  may  be 
made  on  any  subsequent  day  that  may  be  appointed  for 
that  purpose  by  the  president  and  directors,  ten  days 
notice  at  least  being  given  of  such  election,  by  adver- 
tisement in  some  newspaper,  published  in  Mobile,  and 
the  president  and  directors  shall  continue  in  oflice  until 
their  successors  are  elected. 


147  1861. 

Sec.  3.  Be  it  further  enacted,    That   there   shall   be  t, 

,  ''.  n      \        ^•  ^        r>  Two  animal  gen- 

tvTo  general  meetings  or  the  directors,  on  tlie  first  Mon-  f^i  meetings. 
days  of  Januaiy  and  July  of  each  year,  at  which  times 
they  shall  examine  the  accounts  and  property  of  said 
company,  and  declare  such  dividends  out  of  the  profits 
and  gains  of  said  company,  as  a  majority  of  those  of 
them  present  may  deem  proper. 
Approved,  JSTovember  O,  lo61. 


No.  136.  AN  ACT 

To  amend  the  charter  of  the  Alabama  Insurance  Com- 
pany. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  of  Beprer  ^ 

sentatives  of  the   State  of  Alabama  in  General  Assembly 
co7wened,  That  the  Alabama  Insurance  Company  shall 
be  authorized  to  make   insurance   upon    the    lives   of  ^''"*'"'"'*"*^^-  mM 
white  persons,  either  for  life  or  for  a  shorter  period,  and  ^Fc 

to  fix  the  premium  thereon. 

Approved,  November  9,  1861. 


]S  0.137.]  AN  ACT 

To  revive  and  amend  an  act,  entitled  an  act  to  incor- 
i     porate  the  Eufaula  Marincand  Fire  Insurance  Com- 
pany, approved  9th  February,  1861. 

Sec.  1.  Be  it  enacted  hj  the  Senate  and  House  of  Bepre- 
sentatlves  of  the  State  of  Alahama  in  Genera'  Assembly 
convejied,  .That  fi'om  and  after  the  passage  of  this  act.  Act  revived, 
the  act  entitled  an  act  to  incorporate  the  Eufaula  Marine 
and  Fire  Insurance  Company,  approved  the  9th  day  of 
February,  1861,  be  and  the  same  is  hereby  revived  ;  and 
that  all  the  privileges  and  powers  therein  granted  to 
said  corporation,  may  be  exercised  and  enjoyed  by  said 
corporation,  under  the  restrictions  as  provided  for  by 
said  act,  except  as  the  same  are  hereinafter  changed  ; 
Provided,  That  the  subscriptions  in  said  act  provided  Proviso. 
for,  shall  bo  opened  as  in  said  act  they  are  provided  for, 


V      • 

1R61.  148 

between  the  first  day  of  January,  1862,  and  the  first 
day  of  January,  1863. 
Sections  8  and  5  Sec.  2.  Be  U  further  enacted,  That  section  8  of  said 
alnenXd''^'  act,  bc  and  the  same  is  hereby  amended  by  striking  out 
the  name  of  E.  D.  Laney  as  therein  used,  and  inserting 
in  the  place  thereof  the  name  of  Charles  D.  Laney,  ana 
that  the  5th  section  of  said  act  be  also  amended  by 
striking  out  the  liaine  of  C.  B.  Laney,  and  inserting  in 
lieu  thereof  the  name  of  Charles  D.  Laney.  ^ 

Certain  i.roviso      Sec.  3.  Be  it  ftirtlier  enacted,  That  section  13  of  said 
repealed.  ^^^^   |^g  jj^,jj  ^.j^g  same  is  hereby  amended,  by  repealing 

the  third  and  last  proviso  in  said  section.    • 
Approved,  December  9,  1861. 


No.  138.]  AN  ACT 

To  amend  "An  Act  to  incorporate  the  Eufaula  Home 
Insurance  Company,"  approved  Feb.  8,  1861,  and  for 
other  purposes. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act,  entitled  an  act  to  incorporate  the 
Fo™cr  act       Eufaula  Home  Insurance  Company,  approved  Feb.  8, 
1861,  be,  and  the  same  is  hereby  amended  by  striking 
out  the  word  two,  in  the  second  section  of  said  act,  and 
inserting  in  lieu  thereof  the  word  five,  so  as  to  increase 
the  capital  stock  of  said  company  to  five  hundred  thou- 
sand dollars. 
Numi>erof  di-        Sec.  2.  Be  U  further  enacted,  That  said  act  be  further 
rectoreincreased  jjY|^g,^^)c(j  jjy  increasing  the  board  of  directors  of  said 
company  to  twenty-five,  instead  of  five  as  provided  for 
by  the  4th  section  of  said  act;  and  that  five  directors 
Quorum.  shall  constitutc  a  quorum  to  transact  business,  and  that 

said  board  of  directors  shall  have  the  power  to  fill  va- 
cancies occurring   therein,    between  annual   elections 
until  the  next  regular  election. 
"Houses"  for         Sec.  3.  Bc  it  furthcr  enacted.  That  said  act  be  further 
"horses."  amended  by  striking  out  in  the  6th  section  thereof, the 

word  "horses,"  and  inserting  in  the  place  thereof  the 
word  "houses."  \ 

Perpetuation  of       ^EC.  4.  Be  it  further  enacted,  That  said  act  be  further 
powers,  &o.       amended  by   perpetuating  the  powejs  and  privileges 


*     149  1861. 

granted  to  said  company — subject  to  forfeiture  for  such 
causes  as  are  no^v  provided  for  by  law. 

Sec.  5.  Be  it  farther  enacted^  That  said  act  be  further  sections  par- 
amended  by  repealing  all  that  part  of  section  8  of  the ''•"'"'^ ''p^'^'*'*- 
said  act,  which  prohibits  said  company  from  the  use  of 
the  bills  and  notes  of  foreign  banks  in  the  transaction 
of  their  business. 

Sec.  6.  Be  it  farther  enacted,  That  all  the  franchises  certain  franchi- 
and  privileges  granted  "The  Mechanics  Aid  Associa- 1^»  |;'^'J^,p[,';"«- 
tion,"  and  "The  Eufaula  Savings  Association,"  by  an 
act  creating  said  associations,  and  "  The  Mechanics  Aid 
Association,  of  Sehiia,"  be,  and  the  same  are  hereby 
granted  to  the  Eufaula  Home  Insurance  Company,  upon 
the  same  terms  and  conditions  as  therein  granted. 

Sec.  7.  Be  it  further  enacted,  That  all  the  privileges  priviiegesin sec 
herein  granted  in   the  5th  and  6th  sections  of  this  act,  ten"i;,;',7o' other 
shall  enure  totiie  benefit  of  the  "Livingston  Insurance  <'o™p'»"'«^- 
Company,"  in  Sumter  county;   Provided,  that  the  num- 
ber (if  directors  in  said  company'  shall  be  5,  one  of  whom 
shall  be  chosen  president   by  the  board;  and  provided, 
also,  that   the  provisions  of  said  5th  and  6th   sections 
shall  apply  to  the  G-reenville  Insurance  Company. 

Approved,  December  9,  1861. 


No.  139.]  AN  ACT 

To  amend  the  charter  of  the  Gainesville  Insurance 
Company. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  hereafter  the  notices  for  the  election  of  Notice  of  eiec- 
ofticers,  and  the  meetings  of  stockholders  shall  be  re- ushcd. 
quired  to  be  published  in  only  one  newspaper  in  the 
county  of  Sumter. 

Sec.  2.  Be  it  further  enacted,  That  all  paper  payable  at  I'aie""- subject, 
the  office  of  said  company  shall  be  subject  to  the  com- 
mercial law,  as  to  days  of  grace,  transfer,  protest  and 
notice. 

Sec.  3.  Be  it  farther  enacted,  That  said  company  may  May  reduce  cap- 
on vote  of  the  stockholders,  reduce  its  capital,  to  one 
hundred  thousand  dollars,  dividing  out   the  surplus, 


1861.  150 


rateably  to  the  stockholders,  subject  to  the  just  claims 
of  creditors  and  depositors. 
Approved,  November  11,  1861. 


Days  of  grace. 


No.  140.]  AN  ACT 

To  amend  the  charter  of  the  Livingston  Insurance 
Company. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentative'^ of  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  bills  of  exchange,  promissory  notes, 
and  other  evidences  of  debt  made  payable  at  the  Liv- 
ingston Insurance  Company,  shall  be  entitled  to  daj^s 
of  grace,  and  shall  in  all  respects  be  governed  by  the 
\&\\  merchant. 

Approved,  December  3,  1861. 


No.  141.]  AN  ACT 

To  amend  an  Act  to  incorporate  Woodville  Insurance 
Company,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  of  Rep- 
resentatives oj  the  State  of  Alabama  in  General  Assembly 
Former  act       convcncd,  That  thc  act  entitled  "An  Act  to  Incorporate 
amended.         ^Yiq  Woodvillc  lusurauce  Company,  approved  9th   of 
February,  1861,"  be,  and  the  same  is  hereby  amended 
by  striking  out  the  figures  "1862,"  and  inserting  in  lieu 
thereof  the  figures  "1863." 
Provisos.  Sec.  2.  Beit  further  enacted^  That  the  first  and  third 

provisos  in  the  10th  section  of  said  act  be,  and  the  same 
are  hereby  repealed. 
Certain  provisos  Sec.  3.  Be  it  further  enacted,  That  section  4  of  "An 
peaTJr'"'''""' Act  to  amend  an  Act,  approved  25th  February,  1860, 
•incorporating  the  Opelika  Insurance  Company,  and  for 
other  purposes,"  be,  and  the  same  is  hereby  repealed  so 
far  only  as  the  provisos  contained  in  said  act  are  con- 
otiiers  contin-  corncd  ;  aud  that  the  other  provisos  of  said  4th  section 
be,  and  the  same  are  hereby  continued  in  full  force. 
Sec.  4.  Be  it  further  enacted,  That  the  time  of  open- 


ued 


151 


1861. 


ino"  the  books  of  subscription  for  stock  in  the  said  La  Time  for  opening 
Fifyette  Insurance  Company  be,  and  the  same  is  hereby  books  extended, 
extended  until  the  1st  day  of  March,  1863. 

Sec.  5.   Be  it  further  enacted,  That  "An  Act  sn^n^le- c«tainc>^^^^^^ 
mental  to  an  Act  to  incorporate  the  Jacksonville  insu- 
rance Company,  now  pendina;  in  the  General  Assembly, 
approved  February  23, 1860,  be,  and  the  same  is  hereby 

repealed.  .       o    ^  4. 

Sec.  6.  Be  it  further  enacted,  That  section  3  of  an  act  F„r^benen^^^^^^^^^ 
"to  incorporate  the  Troy  Insurance  Company,  m  -t  i  ke  ,^n;„a„y. 
county,  be  so  amended  as  to  extend  the  time  of  open- 
ing the  books  of  said  company  for  the  subscription  to  the 
stock  thereof,  to  the  first  day  of  February,  1862;  and 
that  so  much  of  section  five  of  said  act  be  repealed,  as 
inhibits  said  company  from  receiving  and  paying  out 
notes  of  foreign  banks ;  and  that  section  1  ot  said  act 
be  amended  by  adding  the  names  of  U.  J.  Jones,  Joel 
D.  Murphree  and  Fressly  Davis. 

Approved,,  December  9,  1861. 


No.  142.]  AN  ACT 

To  charter  the  Southern  Direct  Trading  Company. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
JRenre.^entatwes  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  A.K.Bell,  Cyrus  rhillips,  Charles  Linn,  ^corporators. 
James  Caldwell,  J.  D.  Ilutcheson,  A.  F.  Given,  L  W. 
Roberts  and  W.  C.  Bibb,  of  Alabama:  Ferine  Brown 
and   Thomas  P.  Flemming,    of  Georgia,   and   James 
Vance  and  Thomas  Power,\if  Texas,   their  associates, 
successors  and  assigns  are  hereby  created  and  made  a  iJo.iy  corporate, 
body  politic  and  corporate,   by  the  name  of  the  South- Name, 
ern  "Direct  Trading  Company,  and  by  that  name  shall 
be  capable  in  law  of  suing  and  being  sued,  in  any  of 
the  courts  of  this  State ;  to  make  and  have  a  common 
seal,  and  the  same  to  change,  alter  and  renew  at  pleas- 
ure, and  generally  to  do  any  act  or  establish  such  by-laws  Rigi.t*. 
for  the  organiy^ation  and  regulation  of  said  company 
as  may  be  deemed   necessary  by  the  parties  aforesaid, 
not  inconsistent  with  the  constitution  of  this  State,  or 
of  the  Confederate  States,  or  repugnant  to  the  stipula- 


1861.  152 

tions  hereinafter  set  forth  and  enacted  by  the  authority 
aforesaid. 
Capital  stock.  Sec.  2.  Be  it  further  enacted,  That  the  capital  stock  of 
the  Southern  Direct  Trading  Coinpany  shall  be  one 
million  of  dollars,  (or  an  equal  annount  in  our  own  cur- 
rency,) with  the  privilege  of  increasing  the  same  to  five 
Shares  millions  of  dollars,  to  be  divided  into  shares  of  one 

hundred  dollars  each,  and  the  same  to  be  paid  in  the 
Howandwhen  mauucr  followiug :  Twenty  dollars  per  share  at  the 
''*"^"  time  of  subscription,   or  at  the  first   meeting  of  the 

stockholders,  or  as  the  parties  to  the  first  section  of  this 
act  may  direct,  and  the  residue  at  such  times  as  the  pres- 
ident and  directors  may  direct.  The  said  stock  shall 
be  deemed  and  held  as  personal  property;  and  if  any 
pa^cJ/"*^""""  ^^*-^'^^^'^^^^®^  shall  refuse  to  pay  or  neglect  to  make  the 
payment  as  required,  after  ten  days  notice  in  a  daily 
newspaper  pu^ilished  where  the  domicil  ot  the  corpora- 
tion is  located,  or  that  of  any  of  its  agencies  nearest  to 
the  residence  of  the  stockholder,  or  by  written  notice 
from  the  secretary,  his  stock  may  be  sold  by  order  of 
the  president  and  directors,  and  such  stockholder  shall 
be  liable  for  the  balance  due  by  him  as  stockholder  to 
the  corporation,  as  it  becomes  due;  and  may  be  sued 
in  the  courts  of  this  State  for  the  same. 
Opening  books.  Sec.  3.  Be  it  further  enacted,  That  the  books  of  sub- 
scription shall  be  opened  at  any  time  after  the  passage 
of  this  act,  at  such  place  as  a  majority  of  the  persons 
named  in  the  first  section  of  this  act  may  direct;  which 
books  shall  remain  open  until  at  least  one  hundred 
thousand  dollars  shall  be  subscribed  for.  When  the 
books  are  closed,  it  shall  be  the  duty  of  the  aforesaid 
persons,  or  a  majority  of  them,  to  call  a  meeting  of  the 
stockholders  by  giving  them  ten  days  notice,  as  directed 
in  section  2  of  this  act,  stating  the  purpose,  hour  and  place 
.n"ctorT'''"  °^o^  meeting.  This  meeting  of  stockholders  shall  pro- 
ceed to  the  election  of  not  less  than  nine  directoi's,  one- 
Term  of  office,  third  of  whom  shall  be  elected  for  one  year  from  the 
second  Monday  in  January,  1862;  one-third  for  two 
years,  and  one-thii-d  for  thi-ee  years;  and  who  shall  hold 
ofiice  until  their  successors  are  elected  and  ready  for 
Time  of  annual  duty.  The  annual  meeting  of  the  stockholders  shall  be 
ineet.ng.  ^^  ^j^^  sccoud  Monday  of  January  in  each  year,  at  which 

time  they  shall  elect  one-third  of  the  directors,  to  serve 
for  three  years,  or  until  their  successors  are  elected  and 
ready  for  duty. 


1S3  18gt. 

Sec.  4.  Be  it  further  enacted,  That  each  stockholder  q^^^^j^^^^ 
in  this  corporation  shall  have  one  vote  for  every  share  e*c'»  share, 
of  stock  he  holds,  and  a  majority  of  stock  represented  „ 

111  .  o,        1  1      1  1  1  Quorum. 

shall  constitute  a  quorum,  fetockholders  may  be  rep- 
resented by  proxy,  and  the  power  to  vote  for  absent  Proxy, 
stockholders  may  be  constituted  by  any  written  expres- 
sion of  the  stockholder  appointing  a  proxy  to  vote  for 
him,  providing  no  one  not  himself  a  stockholder  shall 
be  capable  of  acting  as  proxy  for  another. 

Sec.  5.  Be  it  farther  enacted,  That  the  directors  so  President, 
elected  in  section  4  of  this  act,  shall  elect  a  president 
out  of  their  own  number,  for  a  term  of  three  years,  or 
until  his  successor  is  elected  and  on  dut}'.  A  majority 
of  the  directors  shall  constitute  a  quorum,  and  they  fui  vacancies. 
shall  have  the  power  to  fill  any  vacancy  that  may  occur 
in  their  own  bod}-,  and  also  appoint  a  president  j)'>^o 
tempore,  when  the  president  is  absent  from  their  meet- 
iiigs;  and  if  the  president  or  an}'  director  shall  bo  ab- 
sent without  leave,  for  five  successive  regular  meetings 
of  the  boarvl,  a  majority  oi  the  same  may  declare  the 
place  vacant,  and  proceed  to  fill  the  place,  without  no- 
tice to  such  absent  president  or  director. 

Sec.  6.  Be  it  further  enacted,  That  the  pi-esident  and  certain  powers 
directors  of  this  corporation  shall  have  the  power  to  ""^ '"'''"■'^" 
fix  the  places  and  mode  of  transfer  of  certificates  of 
stock,  as  well  as  the  payment  of  interest  and  dividends; 
to  make  and  pass  all  such  by-laws  as  they  may  deem 
necessary  to  carry  this  act  into*  effect,  and  to  execute 
and  authorize  the  execution  of  all  such  bargains  and 
contracts  as  may  seem  to  them  best  for  the  interest 
of  the  corporation.  They  shall  also  have  the  power  to 
open  agencies  at  anyplace  necessarv  for  the  transaction 
of  business;  they  shall  have  the  power  and  authority  to 
appoint  and  remove  at  pleasure  all  oflficers  and  agents 
of  said  corporation,  to  fix  their  compensation,  prescribe 
their  duties,  provide  for  the  taking  of  bonds  from  them 
for  the  security'  of  the  corporation,  and  for  the  faithful 
performance  of  their  duties. 

Sec.  7.  Be  it  farther  enacted,  That  this  corporation  Dcaiinexchange 
shall  have  the  right  to  receiv6,  buy  and  sell  exchange,  *"' 
deal  in  money  of  all  kinds,  to  borrow  money  on  its  bond, 
or  on  its  own  security,  or  others,  to  invest  in  monc}' 
and  property;  and  it  may  loan  its  money  or  other  prop- 
erty to  any  person,  or  on  any  security'  which  it  may 
think  proper:    Provided,  that  the  laws  against  usury  ^'"'*' 


1861. 


154 


InEurancc  busi 
ness. 


Proviso. 


apply  to  this  corporation,  and  that  none  of  the  rights  or 
powers  herein  granted  be  construed  into  a  right  to  make 
and  issue  any  note,  payable  on  demand,  as  money  in 
this  State. 

Sec.  8.  Be  it  further  enacted,  That  this  corporation 
shall  have  the  power  to  issue  policies  of  insurance 
against  losses  by  fire,  or  water,  on  all  kinds  of  merch- 
andize, goods,  wares,  chattels,  steam  boats,  steamers, 
ships  and  water  crafts  of  all  kinds,  and  take  all  kinds 
of  marine  risks,  at  pleasure,  and  to  act  as  agents  for 
foreign  insurance  companies:  Provided  a  semi-annual 
statement  be  made  out  for  this  department,  showing 
the  capital  invested  to  secure  the  risks  so  taken,  or  to 
be  taken,  and  duly  qualified  by  the  head  oflicer  of  this 
department,  and  sent  to  the  State  department  for  en- 
dorsement and  publication. 

Sec.  9.  Be  it  further  enacted,  That  this  corporation 
shall  have  the  right  to  own  and  sail  ships,  steamers  or 
other  water  crafts,  from  any  port  or  ports  of  this  State, 
to  any  port  or  ports  of  the  Confederate  Stat^^g,  or  to  any 
of  the  ports  of  any  foreign  country. 

Sec.  10.  Be  it  further  enacted.  That  the  domicil  of  this 
corporation  shall  be  in  the  city  of  Montgomery  in  this 
State. 

Sec.  11.  Be  it  further  enacted,  That  all  the  property 
and  assets  of  the  corporation  shall  be  liable  for  its  debts, 
and  the  stock  subscribed  in  their  individual  capacities, 
in  addition  to  the  strict  liability  of  the  company  as  such. 

Sec.  12.  Be  it  further  enacted.  That  this  charter  and 
all  its  rights,  privileges  and  powers  herein  granted,  shall 
continue  in  full  force  for  thirty  years,  and  when  liqui- 
dated, it  shall  be  under  the  president  and  directors,  or 
Subject  to  taxa-  ^ccordiug  to  law ;  and  that  the  property,  funds  and  busi- 
^'°°-  ness  transactions  of  the  corporation  shall  be  subject  to 

the  same  taxation  imposed  by  law  on  the  property  and 
similar  business  transactions  of  individuals;  and  that 
all  bonds,  bills,  promissory  notes,  or  other  securities 
made  payable  at  the  ofiice  of  this  corporation,  or  that 
.of  its  agencies,  shall  have  the  same  legal  effect  and  be 
subject  to  the  same  legal'  remedies  as  if  made  payable 
at  any  bank  of  this  State. 

Approved,  December  10,  1861. 


Own  and  sail 
sliips,  &c. 


Location. 


Liability. 


Tarm  of  cbart«r. 


155  1861. 

N'o.  143.1  AIlT  ACT 

To  incorporate  the  Confederate  States  Express 
Company. 

Section-  1.     Be  it  enacted  by   the  Senate   and  House  of 
Hepresentatv'cs  of  the  State  of  Alalnona  in  General  Assembly 
convened,  That' James  K.  Powell,    B.C.Jones,  Josiah  incorporators. 
Morris,  George  Cowles,  Henry  \V.  Farley,  Charles  P. 
May,  Julius  JS'orton  and  Benjamin  F.  Ficklin,  their  as- 
sociates, successors  and  assigns,  be  and  are  hereby  cre- 
ated and  declared  to  be  a   body  corporate  under  the  Body  corporate, 
name  ajid  style  of  the  Confederate  States  Express  Com- Name, 
pany,  and  by  that  name  may  contract,  and  be  contracted 
with,  sue  and  be  sued,  plead  and  be  impleaded  in  any 
court  of  law  or  equity  whatsoever,  and  may  make  and 
have,  and  use  a  common  seal,  to  k»e  changed  at  pleasure. 

Sec.  2.  Be  it  further  enacted,  That  said   corporation  Rules  reguia- 
shall  be  authorized  and  empowered  to  make  and  adopt,  '*'°*''''' 
and  the  same  at  pleasure  to  alter  and  amend,  all  such 
rules,  regulations  and  bv-laws  for  the  government  and 
management  of  its  affairs,  and   of  those  that  may  be 
therewith  connected,  as  may  be  deemed  necessary. 

Sec.  3.  Be  it  further  enacted.  That  said  corporation  cheracter  of  bu- 
ehall  have  power  and  authority  to  convey,  carry  and*""'^^' 
transport,  or*  have  conveyed,  carried  and  transported, 
goods,  wares  and  merchandize,  of  all  kinds,  gold  aid 
silver  coin,  and  bank  notes,  and  generally  all  such  other 
descriptions  of  property  and  things  as  may  be  required 
or  advisable  between  the  cities  of  New  Orleans,  and 
between  such  intermediate  and  other  points  and  places 
within  the  limits  of  the  Confederate  States,  and  over 
all  such  routes,  and  for  such  rates  of  charges,  as  may  be 
deemed  expedient  for  the  best  interest  of  said  company. 

Sec.  4.  Be  it  further  enacted,  That  said  corporation  other  rights, 
shall  be  further  authorized  and  empowered  to  collect 
for  commission  or  otherwise,  and  remit  or  otherwise 
make  returns  for  notes,  bills,  bonds,  claims  and  de- 
mands of  all  kinds,  to  employ  all  such  officers,  clerks, 
agents,  and  assistants  of  whatsoever  kind,  that  may  be 
found  or  thought  necessar}',  to  purchase  and  hold,  and 
the  same  at  pleasure  to  in  any  wise  convc}'  or  dispose 
of  all  such  propert}^  real,  personal  and  mixed,  as  may 
be  found  or  thought  necessary  to  its  best  interests,  and 
generally  to  do  and  perform  all  such  other  acts  and 


1861- 


156 


Ter»  of  charter. 


things  as  may  seem  desirable,  or  as  are  or  may  be  done 
or  undertaken  by  other  express  companies,  not  repug- 
nant to  tlie  laws  of  this  State,  or  of  the  Confederate 
States. 

Sec.  5.  Be  it  further  enacted,  That  said  corporation 
shall  exist  for  thirty  years,  and  rnay  engage  in  business 

Cipitai  Slock,  at  any  time,  after  the  sum  of  tifty  thousand  dollars  shall 
have  been  subscribed  to  the  capital  stock,  but  not  be- 
fore, and  shall  have  the  right,  power  and  authority  to 
increase  at  will,  or  from  time  to  time  as  may  be  desired, 
the  sum  of  its  said  capital  stock;  Provided,  always, 
that  its  aggregate  capital  stock  shall  never  exceed  tive 
hundred  thousand  dollars. 

Sec.  6.  Be  it  farther  enacted.    That  the  powers  and 

roanjToth^r  now  privileges  hereby  granted  shall  not  bn  sold  or  trans- 
ferred to  the  Adams  Express  Company,  or  the  so-called 
Southern  Express  Company,  or  any  other  company  now 
chartered  or  in  existence,  or  any  other  p)erson  or  per- 
sons whatsoever :  Prpvidcd,  however,  that  each  stock- 
holder in  the  company  created  or  chartered  by  this  act, 

Liability.  shull  bc  Hablc,  out  of  his  individual  property,  for  all 

causes  of  action  of  every  kind  against  said  company, 
for  an  amount  equal  to  the  amount  of  his  stock  in  said 
company. 
Approved,  December  10,  1861. 


existing. 


I'r&Tiio. 


N'o.  144.] 


AN  ACT 


To  incorporate  the   Grand  Commandery  of  Knights 
Templar,  and  the  appendant  orders,  of  the  State  of 
Alabama. 


Incorporators. 


K&me. 


Sue  and  be  sued. 


Skc.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
senfatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Richard  T.  Knott,  Grand  Commander; 
Sterling  A.  M.  Wood,  Deputy  Grand  Commander; 
James  J3.  Harrison,  Grand  Generalissimo,  and  Peleg 
Brown,  Grand  Captain  General  of  the  said  Grand  Com- 
mandery, and  their  successors  in  ottice,  be,  and  they 
are  hereby  incorporated  by  "the  Grand  Commandery 
of  Knights  Templar,  and  the  appendant  orders  of  the 
State  of  Alabania,"  and  hy  that  name  shall  have  capa- 
city to  sue  and  be  sued,  implead  and  be  impleacledin 


157  1861. 

any  and  all  the  courts  of  this  State;  to  contract  and  be 
contracted  with  ;  to  have  a  common  seal,  and  to  alter  the 
same  at  pleasure;  and  its  four  principal  oificers  above 
named  shall  have  perpetual  succession, and  may  grant  dis- 
pensations and  charters  to  subordinate  Commandcries, 
to  be  subject  to  and  under  its  knightly  jurisdiction  ;  and 
make,  ordain  and  establish  its  constitution,  statutes  Righta. 
and  regulations,  not  inconsistent  with  the  constitution 
or  laws  of  the  State  of  Alabama,  or  of  the  Ccfnfederatc 
States;  and  may  acquire,  hold  and  enjoy  so  much  real 
estate  as  may  be  necessary  for  the  erection  of  proper 
buildings  for  carrying  on  and  conducting  its  business, 
and  in  the  making  of  such  buildings  may  erect  store- 
rooms and  offices  in  the  lower  stories  thereof,  and  rent 
out  the  same,  and  collect  the  rent,  and  hold  or  loan  the 
same  as  it  may  desire,  subject  to  the  regulations  here- 
inafter prescribed. 

Sec.  2.  Beit  further  enacted,  That  the  said  Grand  coiicct  revenue. 
Commandery  of  Knights  Templar,  and  the  appendant 
orders,  shall  have  power  to  collect  its  revenue  and  to 
apply  the  same  according  to  the  ancient  customs  of  the 
order,  or  may  loan  out  the  same  for  the  purpose  of  aid- 
ing in  benevolent  enterprises,  or  for  the  purpose  of  ac- 
cuiiuilation :  Provided,  that  the*  funds  in  money  or  provuo. 
choses  in  action  shall  not  exceed  in  available  assets  the 
sum  of  fifty  thousand  dollars  at  any  one  time,  and  shall 
no^t  be  loaned  upon  usurious  interest,  nor  shall  the 
funds  or  accretions  thereof  be  used  otherwise  than  for 
the  payment  of  the  expenses  of  said  Giand  Command- 
ery, and  for  charitable  purposes,  and  being  thus  set 
apart,  the  same  shall  not  be  liable  to  taxation. 

Sec.  3.  Be  il  further  eno.ded,  That  the  three  principal  poay  corporate, 
officers,  to  wit,  the  Commander,  Generalissimo  and  Cap- 
tain General  of  each  subordinate  Commandtr}^  under 
the  jurisdiction  of  the  said  General  Commandery,  and 
their  successors  in  office,  be,  and  the  same  are  hereby 
created  a  body  politic  and  corporate,  so  far  as  to  enable 
them  for  each  of  their  resriective  Commandcries,  to  re- 

,      ,  ,  ,  .  '  ,  I.I    Other  righto  and 

serve,  holil  and  enjoy,  possess  and  retain  property  both  |.ower«. 
real  and  personal,  not  exceeding  in  value  the  sum  of 
twenty-five  thousand  dollars,  and  to  sell,  alien,  or  lease 
the  same  in  any  manner  deemed  advisable  by  saitl  sub- 
ordinate Commandcries,  and  which  said  subordinate 
Comnnindcries  shall  he  and  are  hereby  incorporated  in 
the  name  s.pcciiied  in  the  charter  or  dispensation  granted 


1861,  158 

by  the  said  Grand  Commandery  of  Euights  Templar, 
to  each  of  them  respectively ;  which  said  charter  or 
dispensations,  whether  granted  heretofore  or  hereafter, 
shall  be  evidence  of  the  incorporation  under  this  act  in 
any  court  of  this  State,  without  further  proof,  and  by 
such  name  said  subordinate  Coramanderies  may  sue 
and  be  sued,  plead  and  be  impleaded,  and  do  all  things 
enjoined  by  the  said  Grand  Commandery,  not  incon- 
sistent w^th  the  constitution  or  laws  of  the  land,  and 
within  the  scope  and  purview  of  the  powers  hereby 
conferred  upon  the  said  Grand  Comrnandery,  and  the 
said  subordinate  Commanderies  respectively  shall  re- 
tain their  said  corporate  powers,  so  long  as  the  said 
Commanderies  shall  continue  their  respective  charters 
or  dispensations,  but  shall  cease  to  possess  any  corporate 
existence  when  the  charter  or  dispensation  shall  have 
been  revoked  or  taken  away  by  tlie  said  Grand  Com- 
mandery, when  the  charter  and  all  the  eftects  of  such 
subordinate  Commanderies,  as  may  forfeit  its  charter  or 
dispensation,  shall  belong  to  the  said  Grand  Command- 
eries, and  each  subordinate  Commandery  shall  have  the 
same  power  with  respect  to  its  assets,  as  are  conferred 
by  the  second  section  of  this  act  upon  the  Grand  Com- 
manderies. 
other  powers.  Sec.  4.  Be  it  fuvther  enacted,  That  the  said  Grand 
Commandery  and  each  subordinate  Commandery  shall 
have  respectively  power  to  receive  by  gift,  grant,  con- 
tract, devise  or  donation  by  will,  subscription  or  other- 
wise, an}'^  personal  or  real  estate,  not  exceeding  in  value 
the  sum  hereinbefore  mentioned  as  the  maximum  of 
their  assets  respectively,  and  shall  have  power  to  sell, 
alien  or  dispose  of  the  same,  and  that  no  such  gift, 
grant,  contract  or  devise,  or  donation  by  will,  subscrip- 
tion or  otherwise  shall  f\iil  by  reason  of  any  misconcep- 
tion of  the  name  of  such  corporation,  and  tnat  all 
contracts  or  agreements  which  may  have  been  lawfully 
entered  into  by  said  subordinate  Commanderies  hereto- 
fore shall  be  binding  upon  them  in  their  several  corpo- 
rate caj»acities  under  this  act,  and  the  same  may  be 
enforced  by  them  respectively,  and  the  property  and 
effects  owned  by  them  being  dedicated  to  charitable 
purposes  only,  shall  be  exempt  from  taxation. 
Thia  act  a  public  Sec.  5.  B 6  it  further  enacted ^  That  this  act  shall  be 
'"'^'  deemed  and  taken  as  a  public  act,  and  notice  thereof 

shall  be  taken  in  all  the  courts  of  justice  and  elsewhere 


159  1861. 


in  this  State,  Jind  shall  be  given  in  evidence  on  any  trial 
of  any  issue  or  cause,  without  special  pleading. 
Approved,  December  9,  1861. 


No.  145.]  AN  ACT     ' 

To  incorporate  the  Selma  Chamber  of  Commerce. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives f  the  State  of  Alabama  in  General  Assembly 
convened,  That  Charles  Lewis,  C.  E.  Thames,  J.  R. 
John,  T.  W.  Street,  K  Waller,  C.  B.  White,  J.  B.  Har- ^^^^^  ^^^^^^^ 
rison,  J.  L.  Peijkins,  \Y.  M.  Byrd,  T.  N.  Cunnine:ham,  "*^°''p*"'*  ""' 
T.  C.  Daniel,  J.  T.  Hunter,  W.  A.  Dunklin,  11.  11. 
Ware,  J.  C.  Graham,  W.  J.  Lvles,  D.  R.  Purviance,  J. 
N.  McCure,  W.  S.  Knox,  M.  J.  A.  Keith,  J.  E.  Bres- 
trid<]^e,  Geo.  O.  Baker,  J.  M.  Lapsley,  V.  J.  Weaver,  A. 
F.  \Vise,  M.  J.  Williams,  W.  Y.  Liindie,  A.  E.  Baker, 
J.  W.  Blandon,  J.  D.  Porter,  Dent  Lamur,  J.  W.  Laps- 
ley,  II.  11.  Bender,  B.  J.  Duncan,  W.  B.  Haralson,  W. 
B.  lAlilton,  A.  T.  Jones,  Jno.  Bobbins,  F.  S.  Becton, 
W.  R.  Ditniars,  A  Boyle,  E.  Cason,  S.  F.  Hobbs,  R.  C. 
Goodrich,  Jno.  M.  Parkman,  J.  A.  Sylvester,  A.  J. 
Goodman,  G.  W.  Wilson,  T.  A.  Plall,  W.  Johnson,  N. 
Smitli,  Merritt  Burncs,  A.  L.  Haden,  R.  Hagood,  W. 
P.  Brown,  W.  B.  Gill,  W.  R.  Bill,  and  their  successors 
in  otlice,  be  and  they  are  hereb}'  created  a  body  corpor- 
ate and  politic,  by  the  name  of  the  Selma  Chamber  of  ^'''°*- 
Commerce,  and  by  that  name  shall  have  continual  suc- 
cession, and  may  contract  and  be  contracted  with,  sue 
and  be  sued,  plead  and  be  impleaded,  and  purchase  and'*'^^"' 
hold  sucii  property  real  and  personal  as  may  be  needful 
for  their  lawful  purposes  and  alien  the  same,  the  pur- 
poses and  business  of  said  company  being  hereby  de- 
clared to  be  to  form  and  maintain  a  chamber  of  com- 
merce in  the  city  of  Selma,  in  this  State,  do  and  perform 
all  proper  acts  and  business  in  relation  to  the  regula- 
tion of  commerce  in  said  city,  and  in  the  adjustment  of 
all  difUculties  arising  in  trade  and  business  between 
merchants  and  traders  in  said  city,  and  such  other  proper 
and  lawful  business  and  acta,  as  usually  pertain  to 
chambers  of  commerce  in  cities. 

Sec.  2.  Be  it  further  cnaded,  That  said  corporation 


1861. 


160 


Other  rights. 


Proviso, 


may  adopt  and  use,  and  alter  at  pleasure,  a  common 
seal,  and  may  elect  such  officers  for  the  transaction  of 
business  as  they  may  deem  needful  and  proper,  and 
pass  and  repeal,  or  alter  at  pleasure  all  proper  by-laws 
for  the  regulation  and  carrying  on  their  business:  Pro- 
vided, said  b^'-laws  shall  not  be  contrary  to  the  consti- 
tution and  laws  of  this  State,  or  of  the  Confederate 
States  of  America:  And  provided,  further,  the  Legisla- 
ture reserve  the  right  to  alter  or  repeal  this  act  at 
pleasure. 

Approved,  December  7,  1861. 


Name. 


Rights. 


No.  146.]  AI^  ACT  « 

To  incorporate  the  Chemical  Manufactory. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  John  Darby,  W.  C.  Bibb,  P.  T.  Sayre, 

Incorporators,  and  such  othcr  pcrsous  as  may  be  associated  with  them 
for  that  purpose,  and  their  successors,  are  hereby  cre- 
ated a  body  politic  and  corporate,  by  the  name  pf  the 
"  Chemical  Manufactory,"  and  by  that  name  shall  be 
capable  of  suing  and  being  sued  in  all  the  courts  of  this 
State,  of  purchasing,  holding  and  conveying  property 
of  all  descriptions,  to  make,  have  and  use  a  common 
seal,  and  the  same  to  alter  and  renew  at  p)leasure,  and 
generally  to  do  any  act  necessar}^  to  carry  into  effect 
the  objects  of  the  corporation,  not  inconsistent  with  the 
laws  and  constitution  of  this  State  or  of  the  Confeder- 
ate States. 

Sec.  2.  Be  it  farther  enacted,  That  the  capital  stock  of 

this  corporation  shall  be  thirty  thousand  dollars,  to  be 

divided  into  shares  of  twenty-five  dollars  each,  and  the 

same  to  be  paid  in  cash  at  the  time  of  subscription. 

Sec.  3.  Be  it  further  enacted,  That  the  books  of  sub- 

StiinbooS"8cription  shall  be  opened  at  any  time  prior  to  the  first 
day  of  May  next,  at  such  places  in  the  cities  of  Mont- 
gomery and  Auburn,  as  the  persons  named  in  the  first 
section  ot  this  act  may  direct,  and  the  same  to  be  made 
public  by  advertisement  in  one  of  the  new^spapers  of 
Montgomery.  When  the  sum  of  thirty  thousand  dollars 
shall  have  been  subscribed,  such  subscribers,  or  a  ma- 


Capital  stock:. 


161  •*  1861. 

jority  of  them,  shall  proceed  to  the  election  of  five 
directors,  and  the  said  directors  shall  elect  one  of  their  Directors. 
own  number  president,  and  such  president  and  directors 
shall  have  full  power  and  authority  to  appoint  and  re- powers, 
move  at  pleasure  all  officers  and  agents  of  said  corpora- 
tion, to  fix  their  compensation,  prescribe  their  duties, 
provide  for  the  taking  bonds  from  them  for  the  security 
of  the  corporation  for  the  faithful  discharge  of  their 
duties,  to  fill  any  vacanc}'  in  their  own  body,  and  also 
to  appoint  a  president  j^fo  tempore  when  the  president  is 
absent  fi'om  the  meeting,  and  if  the  president  or  a  di- 
rector is  absent  without  leave  for  five  successive  regular 
meetings  of  the  board,  a  majority  of  the  same  may  de- 
clare his  place  vacant,  and  proceed  to  fill  it  without 
further  notice  to  such  absent  president  or  director. 

Sec.  4.  Be  it  further  enacted,  That   the   directors  of  president  and  di- 
the  corporation  shall  be  elected  by   the   stockholders,  ■■ectors. 
and  the  president  by  the  directors  from  their  number, 
and  when  elected  they  shall   hold  their  offices  for  one 
year,  or  until  their  successors  are  elected,  and   it  shall 
be  the  duty  of  the  president  and  directors   to   call   an 
annujd  meeting  of  the  stockholders  to  make  such  elcc- Annual  meeting, 
tion,  and  in  all  meetings  of  the  stockholders  those  hold- 
ing a  majority  of  the  stock  shall  constitute  a  quorum, 
and  the  stock  may  be  represented   either   in  person  of 
the  stockholders  or  by  pr^»xy:  Provided,  the  same  be  in 
writing  and  the  person  so  acting  be  a  stockholder. 

Sec.  5.  Be  it  further  enacted,  That  said  corporation  Real  and  pcrB»«. 
shall  have  power  to  purchase  and  hold  real  and  personal '*^*^'''='^'=- 
estate,  and  to  do  all  other  things  necessary  for  the  suc- 
cessful prosecution  of  the  manufacture  of  chemicals. 

Sec.  G.  Be  it  further  enacted.  That   said   corporation  Liability. 
shall  be  responsible  to  its  creditors  to  the  extent  of  its 
propert}^  and   the  stockholders  to  the  extent  of  their 
unpaid  stock. 

Sec.  7.  Be  it  further  enacted,  That  this  charter  and  all  Term  or  charter 
the  privileges  and  powers  herein  granted,  shall  continue 
in  force  for  the  full  term  of  ten  years  from  the  subscrip- 
tion of  the  stock. 

Sec.  8.  Be  it  further  enacted.  That  the  president   ofprcMdcntto 
said  company  hereby  incorporated,    shall  and  must  on  ^afm''en"r' 
the  first  day  of  January  of  each  year,  make  out  under 
oath  a  statement  ot  the   condition    of  said   company, 
which  shall  be  submitted  to  the  stockholders  for  their 
11 


1861.  162 

inspection  and  approval,  and  if  such  statement  be  not 
satisfactory  to   the   stockholders,  they  may  require   a 
new   statement   to  be  made  out  by   a  committee   ap- 
pointed by  themselves. 
When  to  go  into      Sec.  9.  Be  it  fuvtlier  enacted,  That  said  company  shall 
operation.        j^g  allowcd  to  go  iuto  Operation  when  the  sum    of  ten 
thousand  dollars  shall  be  paid  in. 
Approved,  December  9,  1861. 


No.  147.]  AN  ACT 

To  incorporate  the  Southern  Salt  Manufacturing  Com- 
"*  '  pany,  and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  R.'  Thomassy,  F.    M.    Gilmer,   Jr.,   A. 

Incorporators.  Givcn,  and  W.  II.  Rives,  their  associates,  successors 
and  assigns  be,  and  the  same  are  hereby  declared  in- 
corporated and  made  a  body  corporate,  under  the  name 

Name.  and   Style   of  the  Southern  Salt  Manufacturing  Com- 

pany, and  by  that  name  are  capable  of  suing  and  being 
sued  in  any  of  the  courts  of  law  or  equity  within  this 
State,  and  shall  have  the  right  to  have,  possess  and  en- 
joy a  common  seal,  and  the  same  to  alter,  abolish  or 
renew  at  pleasure. 

Powers 38 to goY-     ^^c.  2.  And  be  it  farther  enacted  by  the  authority  afore- 

ernmeni.  g^id.  That  the  Said  corporation  shall  have  power  to  or- 

ganize its  government  and  administration,  through  such 
by-laws  and  ordinances  as  it  may  seem  best  suited  to 
the  interests  of  the  company,  in  the  election  of  its  ofiBi- 
cers,'  and  the  general  management  of  its  affairs,  and  the 
said  by-laws,  regulations  and  ordinances,  to  amend  from 
time  to  time :  Provided,  nevertheless,  That  the  same  shall 
be  consistent  with  the  'constitution  and  legal  require- 
rnents  of  this  State,  touching  corporations,  and  con- 
sistent with  the  constitution  of  the  Confederate  States, 
and  not  repugnant  to  the  provisions  of  this  charter  as 
hereinafter  set  forth  and  enacted. 

Capital  stock         Sec.  3.  Be  it  further  enacted,  That  the  capital  stock  of 

may  be  increased  said  Corporation  shall  be  one  million  dollars,  with  pow- 
er to  increase  the  sum  to  five  million  dollars,  to  be  di- 

shares.  yidcd  into  shai'es  of  one  hundred  fJollars  each. 


163  1861. 

Sec.  4.  And  he  it  further  enacted,  That  this  company  p^j^^^^ 
shall  have  power  to  purcliase,  own,  hold  and  possess, 
Buch  real  estate  upon  the  rivers,  waters,   bays  and  sea, 
or  gulf  shores  of  this  State,  as  may  be  necessary  tor  the  . 

manufacture  of  salt,  and  a|so  have  power  to  construct  J^^ 

such  inland  passage   ways,  canals,  or  other  modes  or      jbM^ 
means  of  transportation,  as  shall  be  by  it  deemed  ne-      '^^^' 
cessarj'  for  its  operations,  and  all  such  real  estate  and 
improvements  to  lease,  re-lease,  sell  or  otherwise  con- 
vey at  pleasure. 

Skc.  5.  Be  it  further  enacted,   That   this   corporation  May  establish  de- 
shall  establish  convenient  depots  and  agencies,  for  the  Jies'.*'"*''^*"' 
sale  and  distribution  of  salt  in  the  principal  towns  and 
populated  districts  of  this  State. 

Sec.  6.  And  he  it  further  enacted,  That  upon  the  sub- When  it  may  or- 
scription  of  one  hundred  thousand  dollars  to  the  capi- **'"'"^' 
tal  stock  of  this  corporation,  the  same  shall  be  organ-  €|itf|||^ ' 
ized  in  accordance  with   the  by-Laws  authorized  to  be 
made  for  its  government,  due  notice  thereof  being  givjen 
in  accordance  with  the  laws  of  this  State  regulating 
corporations. 

Sec.  7.  And  he  it  further  enacted,  That  this  corporation  Domicii. 
shall  have  power  to  establish  its  principal  place  of  busi- 
ness or  domicil  in  any  city  of  this  State. 

^EC,2i^Andhe  it  further  enacted,  That   this   charter  Term  of  charier 
shall  last  and   continue  for  and   during  the  period  of 
thirty  years,  from  and  after  the  passage  of  this  act. 

Sec.  9.  And  he  it  further  enacted,  That  this  corporation  Accept  powers 
is  empowered  to  accept  such  powers  and  privileges  not  ^'^'»o*«'" »'»*«' 
contrary  to  the  constitution  and  laws  of  this  State,  as 
ma}'  be  granted  to  it  by  any  of  the  States  of  the  Con- 
federate  States,   it   being  the  declared   object  of  the 
Legislature  of  Alabama,  to  aid   in   the  production  of 
salt  within  the  Confederacy,  wherever  the  same  can  be 
most  certainly,  speedily  and  safely  produced. 
Approved,  December  3, 18G1. 


No.  148.]  AN  ACT 

To  incorporate  Wills  "Valley  Coal  aud  Leather  Company. 

Sec.  1 .  Jie  it  cnacttd  hy  tht  ^Senate  and  Jlotisc  of  Rcpre- 
soUativci  o/  the   fSt<Uc  vf  Alabama  in  Ocfurai  Assembly 


1861. 


104 


Incorporators. 
Kame. 


Capital  stock. 


When  may  or- 
ganize. 


OiSfSi 


Character  of  bU' 
tinesa. 


No  banking  pow' 
crs. 


convened,  That  V.  C.  Lamore,  J.  L.  Barnard,  L-  L. 
Thomasson,  and  A.  F.  Barnard,  and  their  associates 
and  successors,  are  hereby  incorporated,  under  the  style 
of  the  Wills  Valley  Coal  and  Leather  Company,  and 
by  that  name  may  have  and  use  a  common  seal,  sue 
and  be  sued,  have  perpetual  succession,  and  generally 
have  and  enjoy  all  and  singular  the  rights  and  privileges, 
and  be  subject  to  all  the  duties  and  liabilities  of  manu- 
facturiug  companies,  by  the  laws  of  Alabama. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  stock  of 
said  company  may  amount  to  two  hundred  and  fifty 
thousand  dollars,  in  shares  of  one  hundred  dollars  each, 
and  the  said  company,  when  the  sum  of  thirty  thousand 
dollars  is  subscribed,  may  organize  and  proceed  to 
business. 

Sec.  3.  Be  it  further  enacted,  That  the  said  company 
may,  as  soon  as  organized,  as  above  prescribed,  elect  a 
president,  secretary,  and  treasurer,  and  five  directors, 
which  ofiicers  shall  be  chosen  biennially  thereafter.  The 
company  shall  be  confined  in  its  operations  to  the  man- 
ufacture of  leather  and  leather  goods,  and  the  mining 
of  coal,  and  the  sale  of  the  same,  and  shall  in  no  wise 
exercise  banking  powers  or  privileges,  under  the  penal- 
ty of  a  forfeiture  of  this  charter. 

Approved,  N'ovember  11,  1861, 


Incorporators. 


No.  149.] 


AN  ACT 


To  incorporate  the    Mobile    Merchants  and  Traders 
Depository. 

Sec.  1 .  Be  it  enacted  hy  the  Senate  and  House  of  JRepre- 
sen'atives  of  the  State  of  Alabama  in  General  Aseeynbly 
conve7ied,  That  Gorham  Davenport,  John  W.  Mann,  J.  C. 
Guinn,  E.  S.  Chamberlain,  James  Tait,  Joseph  Field, 
D.  0.  Gray,  W.  P.  Carter,  George  Elsworth,  John 
Douglass,  A.  M.  Elgin,  F.  H.  Chamberlain,  A.  Allen, 
W.  H.  Weeks,  J.  B.^Feilows,  Rush  Fuller,  Price  Wil- 
liams, John  Brown,  O.  B.  Dickerson,  Wra.  H.  George, 
J.  P.  Herpin,  P.  G.  Maguire,  Robert  Adams,  M.  Robin- 
son, Albert  Golay,  E.  A'T.  Williams,  James  Hill,  A.  M. 
Purdy,  J.  D.  Spear,  and  J.  C.  McGuire,  or  such  of  them 
as  shall  become  subscribers  thereto,   and  their  succes- 


165  1861. 

sors,  be  and  are  hereby  created  a  body  corporate,  by 
and  under  the  name  and  style  of  the  "Merchants  anduame. 
Traders  Depository"  of  Alobile,  under  which  name  ^ 
said  company  may  contract,  sue  and  be  sued,  have  a 
corporate  seal,  may  acquire  and  hold  real  estate,  not  to 
exceed  fifty  thousand  dollars,  for  the  purposes  of  its 
business,  and  all  other  real  or  personal  estate  as  may  be 
taken  or  received  by  it  for  its  debts  or  for  the  security 
thereof. 

Sec.  2.  The  business  of  said  company  shall  be  to  re- Business, 
ceive  on  deposit  and  safe  keeping  the  earnin_o;s  and  sav- 
ings of  all  persons  who  may  wish  to  deposit  their  money 
therein,  to  be  repaid  to  said  depositors,  on  their  call, 
order,  or  check,  or  at  the  election  of  said  depositors,  to 
remain  on  such  interest  to  be  paid  by  said  company,  as 
may  be  provided  for  in  the  by-laws  of  said  company, 
and  for  the  safety  and  security  oi  all  such  deposits,  the 
said  company  shall  at  all  times  keep  strong  and  safe 
vaults,  well  secured  and  attended:  Provided,  said  com- 
pany shall  not  be  required  to  receive  a  smaller  deposit 
than  five  dollars  at  one  time,  nor  to  pay  interest  until 
the  amount  deposited  shall  amount  to  twenty-five 
dollars. 

Sec.  3.  That  to  secure  the  depositors  from   loss  by  gy^g^^iptjon, 
said  company,  the  subscribers' composing  the  company,  whrit  ami  when 
shall  pay  in  on  subscription,  each  the  sum  of  three  hun-  '"*"" 
dred   dollars,    and   may  continue   to  pa^Mn  as  capital  capital  stock, 
stock,  such  further  sums  in  monthly  payments,  or  other- 
wise, as  may  be  provided   for  in   the   b^'-laws  of  said 
company,  until  the  capital  shall  amount  to  ^200,000, 
but  shall  not  exceed  that  sum :  Provided,  said  company  Proviso, 
shall    not   commence  business   until    the  sum   of  ten 
thousand  dollars  is  actually  paid  in,  and  suitable,  strong 
and  safe  means  are  prepared   lor  the   keeping   of  said 
deposits. 

Sec.  4.  That  the  common  stock  of  said  company  j^^,^^^ .,„ 5tcci-. 
may  be  invested  in  any  stock  issued  by  authority  of 
the  State  of  Alabama,  or  the  Confederate  States,  or 
may  be  loaned  on  mortgage  and  securit3\  And  in  order 
to  further  enable  said  company  to  pay  interest  to  their 
depositors,  and  other  necessary  expenses  of  said  com- 
pany, as  well  as  to  compensate  its  members  for  the  use 
of  the  common  stock  subscribed  by  them,  the  compan}^  Dcuiinexchange 
is  given  power  to  purchase  or  discount  notes   and  bills '^'=- 


1861.  166 

of  exchange,  or  to  lend   its   surplus  funds  at  interest, 

not  exceeding  the  legal  interest  of  this  State. 

Trustees.  Sec.  5.  That  the  business  of  said  company  shall  be 

conducted   by   seven  trustees,   choseo  by  its  members 

annually,  one  of  whom  shall  act  as  president,  and  the  said 

trutees  shall  appoint  a  person  to  act  as  secretary,  who 

shall  give  such  bond  and  security  as  the  trustees  shall 

require,  and   receive  such  salary  as  they  shall  appoint, 

Eieciedannuaiiy  and  be  elected  annually,    and   the  trustees   shall   also 

Make  necessary  form  and  adopt  bv-laws  and  regulations  for  the  mana^e- 

regulations,  &c.  .       n   .t       i        •  ty   ,t  t     ■. 

ment  or  the  business  ot  the  company  and  its  govern- 
ment, for  the  transfer  of  stock,  for  the  loan  and  collec- 
tion of  its  surplus  fund,  and  for  all  other  purposes  con- 
cerning its  business,  and  common  to  such  corporations, 
not  inconsistent  with  the  laws  of  this  State  or  the  Con- 
Proriso.  federate  States:  Provided,  That  each  member  or  s1ock- 

holder  of  said  company,  shall  at  all  times  have  access 
to  the  books  and  be  at  liberty  to  enquire  into  the  afiairs 
of  said  company,  wnthout  hindrance  on  the  part  of  said 
Further  proviso,  trustees   or  officers:  And  provided,  further.  That    the 
Governor  of  the  State  of  Alabama  may  appoint  annu- 
ally, three  inspectors  to  examine  the  afi'airs  of  said  com- 
pany and  report  to  him,  which  inspectors  shall  have  full 
access  to  all  the  books  and  afiairs  of  said  companj^  and 
be  paid  by  said  company   for  their  services,  but  such 
payment  not  to  exceed  fifteen  dollars  for  each  inspec- 
tion and  report. 
Receive  for  col-      Sec.  6.  That  it  shall  be  the  duty  of  the  company  to 
lection.  receive   for   collection,   free  of  charge,  all  promissory 

notes  and  bills  of  exchange,  made  negotiable  and  pay- 
able at  said  company  or  at  any  of  the  banks  of  the  city 
of  Mobile,  which  may  be  left  for  that  purpose  as  much 
as  ten  days  before  their  maturity,  and  all  notes  and  bills 
of  exchange  made  negotiable  and  payable  at  the  office, 
or  business  house  of  said  company,  shall  be  entitled  to 
days  of  grace,  and  in  "all  things  governed  by  the  law 
merchant,  except  so  far  as  the  same  may  be  changed  by 
the  Code  of  Alabama.  „ 

Term  of  charter.      ^EC.  7.  That  the  privileges  hereby  granted  shall  con-^^ 
Proviso.  tinue  for  20  years:  AndiUs  also  further  provided,  That|| 

said  company,  by  a  vote  of  a  majority  ot  its  members,'^ 
may  admit  other  or  additional  members,  on  their  paying 
into  the  treasury  of  the   company   an  amount  equal  to 
that  paid  in  by  each  of  those   who  are  then  members. 
Approved,  December  9, 1861. 


167  1861. 

JSTo.  150.]  AN  ACT  """ 

To  amend  the  charter  of  the  Mobile  Wiue  Company. 

Section  ] .  Be  it  enacted  by  the  Senate  and  Himse  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  whenever  any  install  nient,  or  any  share  Remedy  for  non- 
of  the  capital  stock  of  the  Mobile  Wine  Company,  shall  K^^L"^  '"■ 
have  been  called  for  and  remain  unpaid  for  more  than  six 
months  after  the  proper  time,  when  payment  shall  have 
been  required,  such  share  may  be  sold  by  order  of  tlie 
company  at  public  sale  and  transferred  to  the  purchaser,  '1R£ii 

who  will  pay  the  amount  in  arrear  and  all  installments 
due  up  to  the  time  of  sale  with  interest  and  expenses, 
who  shall  hold  such  shares  as  other  shareholders,  and 
subject  to  the  same  obligations :  Provided,  That  not  less  ftoviso. 
than  one  month's  previous  notice  of  such  intended  sale 
shall  be  given  by  advertisement  in  some  newspaper  at 
or  near  the  place  of  business  of  the  company,  and  all 
surplus,  if  any,  over  the  amount  of  installments  due, 
interest  and  expenses  of  sale,  to  be  paid  to  the  de- 
faulting shareholder:  And  ijrovided,  That  each  share  Another  proviso 
shall  be  sold  separately,  and  that  no  more  shares  be  sold 
than  needed  to  raise  the  amount  due  by  the  defaulting 
shareholder.  And  if  no  purchaser  can  be  obtained  at 
such  sale,  who  will  bid  the  amount  in  arrear  on  such 
share,  interest  thereon,  expenses  of  sale,  and  all  install- 
ments due  up  to  the  time  of  sale,  then  the  company 
may  declare  such  share  forfeited,  and  all  sums  paid  declare 
thereon  by  such  defaulting  shareholder,  shall  be  per- share  forfeited, 
fected  to  the  company,  such  forfeitui'e  not  to  be  declai'- 
ed  before  thirty  days  after  such  offer  of  sale,  and  if  full 
payment  be  made  at  any  time  before  the  forfeiture  is 
declared,  then  the  defaulting  shareholder  shall  be  re- 
instated in  all  his  rights:  And  provided,  farther,  ThatrroTiso. 
this  section  shall  not  be  so  construed  as  to  bar  any  ac- 
tion for  the  recovery  of  the  installments  due,  if  the 
company  shall  elect  to  sue  for  the  same. 

Approved,  December  10,  1861. 


1861.  168 

No.  151.]  AN  ACT 

To  amend  an  act,  entitled  an  act  to  incorporate  "the 
Alabanaa  Direct   Trade   and   Exchans^e  Company," 
|>  approved  the  5th  day  of  February,  1852,  and  the  acts 
|.;  supplemental  thereto. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  words  "Confederate  States"  be  sub- 
"Confederatc     stitutcd  for  thc  "United  States,"  and  the  word  "Confed- 
feTstates/"^"'"  eracy  "  be  substituted  for  the  word  "  Union,"  wherever 

the  same  may  appear  in  said  act  or  its  supplement. 
Sell  exchange  for  Sec.  2.  Bc  it  further  cnacted,  That  said  company,  in 
certain  purpose,  order  to  trausfcr  the  proceeds  of  sales,  or  funds  arising 
from  any  source,  from  one  point  to  another,  may  draw 
for  the  same  and  sell  their  exchange. 
In  what  stock'  ^EC.  3.  Be  U  fuvther  enactcd,  That  the  stock  subscribed 
maybepaid.      may  be  paid  in  notes  of  any  of  the  banks  of  Alabama, 

in  Confederate  notes  and  bonds,  or  State  bonds. 
Construction  de-      Sec.  4.  Be  it  further  eiiacted.,  That  when  ships  or  steam 
Glared.  vcsscls  are  named  in  said  act,  it  shall  be  so  construed  as 

to  mean  every  class  of  water  craft. 
Titles  to  proper-      Sec.  5.  Be  it  further  cnactcd,  That   the   title   of  all 
^^"  property  real  or  personal,  purchased  by  said  company, 

shall  be  conveyed  to  "the  Alabama  Direct  Trade  and 
Exchange  Company,"  and  when  sold,  shall  be  conveyed 
by  the  president  and  secretary  of  said  company. 
Approved,  December  10,  1861. 


No.  152.]  AN  ACT 

To  amend  the  charter  of  the  Mobile  Omnibus  Company. 

Sec.  1.  Be  it  enacted  by  the  Senate  aud  House  of  Bep' 

resentatives  of  the  State  of  Alabam,a  in  General  Assembly 

revai  ot  charter  convened,  That   the  charter   of  said   Mobile  Omnibus 

extended.  /-^  it  r->i 

Company,  approved  January  26,  1858,  be  so  amended  as 
to  extend  the  corporate  existence  of  said  company,  un- 
der the  laws  of  the  State  of  Alabama,  for  the  term  of 
thirteen  years  from  aud  after  the  term  provided  by  said 
original  charter. 

Sec.  2.  Be  it  further  enacted.  That  said  company  be, 


169  1861. 

and   it   is   hereby  authorized,  to  extend   its  rail  road  j^^  ^^5,^.^^^  ^^ 
from   its   present   termination   to    Cottage   or   S[)ring  tended. 
Hill,  or  an}'  intermediate  point,  either  out  of  Dauphin 
street,  or  way,  or   on  Government  street  road,  as  said 
company  may  see  fit,  and  ma}'-  continue  its   road    east- 
■wardly  on  Government  street  to  Royal  street,  connect- 
ing said  road  on  any  street  v^^est  of  Ann  street:  Pro- ProTieo. 
vidt'd,  That  in   any   road    that   may   hereafter  be   laid 
down,  said  company  shall  conform  its  said  road  to  the 
conditions  required  by  the  general  act  authorizing  the 
construction  of  rail  ways  in  the.  city  of  Mobile:  Pro- Further  proTJso. 
vided,  That  said  omnibus  company  shall  first  obtain  the 
consent  of  the  city  authorities  of  Mobile  to  the  exten- 
sion of  said  rail  road. 

Approved,  December  7,  1861. 


No.  153.]  AN  ACT 

To  amend  an  Act  to  Incorporate  the  Mechanics  Aid 
Association  of  Mobile,  approved  February  24th,  1860. 

Skction  1.    J3e  it  enacted  hy  the  ISenate  and  House  of 
Hepi'esentatives  of  the  State  of  Alabama  in  General  Assembly ,     .     - 
convened,  That  the  said  Association  may  invest  its  funds  ma^beinTeBtcd. 
in  any  stock  issued  by  the  authority  of  the  Confederate 
States  of  America,  or  of  this,  or  any  other  State  of  the 
Confederate  States  of  America;  and  it  shall  be  lawful 
at  all  times  for  said  Association  to  pay  its  depositors,  Pay  out  the 
and  others   dealing  with  it,  with  such   funds  as  was  ^'*°^* '^*p°*"*^- 
deposited  by  them. 

Sec.  2.  Be  it  further  enacted.  That  it  shall  not  be  law- 

/»    1    />  .  ,  />         •  1     A  •    i'  1  11  .No  sale  without 

lul  tor  any  member  ot  said  Association  to  sell,   or  in  concurrence  of 
any  other  way  dispose  of  his  stock  in  said  Association,  groc'khoideM.**"' 
without  the  consent  of  two-thirds  of  the  stockholders, 
except  to  the  Association,   or  a  member  thereof :  such  „ 

1  n  t  1        •  11     1         •    1        Exception*. 

purchaser,  or  transterree,  to  have  and  enjoy  all  the  rights 
and  privileges  in  said  Association  that  the  vendor,  ov 
retiring  member  had  according  to  the  amount  of  stock 
owned  ;  and  no  person  shall  be  admitted  a  member  of 
said  Association,  except  by  an  aflirmative  vote  of  two- 
thirds  of  the  stockholders,  at  a  regular  meeting  thereof; 
said  Association  may  deal  in  stocks,  bullion,  uncurrcnt  f,^*hange,*^' 
money  and  bills  of  exchange,  at  the  customary  and 


1861.  110 

current  rates,  and  take  and  enforce  mortgages  on  real 
or  personal  property,  for  any  debt,  or  claim  due  or  owing 
to  said  Association. 

Approved,  JSTovember  11,  1861. 


N"o.  154.]  AN  ACT 

To  amend  an  Act  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Act  "  entitled  an  Act  to  incorporate 
the  Alabama  Bible  and  Colporteur  Society,"  approved 
February  8th,  1858,  be,  and  the  same  is  hereby  so 
amended  as  to  authorize  the  board  of  directors  of  said 
May  transfer  ai-  Socicty  to  transfer  to  II.  W.  Watsou,  W.W. Waller  and 
•etB,   0.  y^  p^  Chilton,  as  trustees  of  the  Alabama  Baptist  State 

^  Convention,  and  their  successors,  for  the  use  of  said 

Convention,  the  assets  of  said   Society,   consisting  of 
books  and  other  property  appertaining  to  their  deposi- 
provwo.  tory  in    Selma:    Provided,   ahoays,   that  said  Society 

retain  a  sufficiency  of  assets  to  pay,  satisfy  and  discharge 
all  outstanding  debts,  liabilities  or  engagements  against 
it,  before  making  such  transfer;  and  after  that  is  done, 
said  board  of  directors  is  fully  authorized  to  make  such, 
transfer;  and,  provided  further,  that  said  Convention, 
by  its  trustees  or  agents  appointed  by  it,  shall  have  the 
authority  to  remove  all  the  assets  and  property  trans- 
ferred to  them  from  Selma,  and  to  dispose  of  the  same 
as  such  trustees,  or  agents,  may  see  tit,  for  the  benefit 
of  said  Baptist  State  Convention. 
Approved,  December  6,  1861. 


Ko.  155.]  AN  ACT 

To  legalize  certain  acts  of  the  Courts  of  County  Com- 
missioners in  this  State,  in  making  appropriations  for 
equipping  Volunteers,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 


171  1861. 

convened.  That  all  appropriations  of  money  which  may  Appropriations 
heretofore  have  been  made  in  good  faith  out  of  the  of  money,  &c., 
county  treasury,  or  appropriated  by  the  court  of  county  ''^^  ^^  ' 
commissioners   of  any  county  in   this  State,    by  the 
county  commissioners  thereof,  for  supporting,  clothing, 
arming,  equipping,  or  fitting  out  any  company  of  vol- 
unteers, or  for  finding  troops  in   the  service  of  this 
State,  or  of  the  Confederate  States,  for  the  public  ser- 
vice in  the  existing  war  between  the  United  States  and 
the  Confederate  States,  or  for  the  aid  of  indigent  fami- 
lies of  such  volunteers,  or  any  county  warrants  issued 
for  said  purposes  by  any  county,   be,  and  the  same  is 
hereby  legalized,  except  as  to  the  tax  levied  by  the  j,^^^  ^j^^ 
court  of  county  commissioners  of  Ilenry  county,  at  the  county. 
August  term  of  said  court,  1861 ;  and  any  order  or  de- 
cree of  any  such  court,  imposing  a  tax  for  any  such 
purpose,  is  also  legalized. 

Sec.  2.  A7id  be  it  further  enacted,  That  in  all  cases  court  to  make 
where  any  such  appropriation  out  of  monej^s  in  any  ""ecord. 
county  treasury,  shall  have  been  made,  it  shall  be  the 
duty  of  such  court  to  make  a  record  of  such  appropria- 
tions, showing  the  amount  thereof,  when  made,  for 
what  purpose,  and  to  whom  paid,  and  to  record  the 
evidence  of  such  payment. 

Approved,  Kovember  '•♦,  1861. 


No.  156.]  AN  ACT 

To  leg.ilize  the  imposition  of  Taxes  by  the  Court  of 
County  Commissioners,  for  the  equipment  of  Volun- 
teers and  the  support  of  their  families. 

Sec.  1.  £e  it  enacted  by  the  Senate  and  Mouse  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly   * 
convened,  That  any  order,  ordinance  or  other  act  ot  tlieces.&c.,of  com- 
Court  of  County  Commissioners  in  any  county  of  this  "oTq"uii)"voiun- 
Statc,  having  for  its  object  the  equipment  of  volunteers ''="*''8'^"***- 
for  the  service  of  the  State,  or  Confederate  States,  or 
for  the  support  of  their  families,  heretofore  adopted  or 
passed  in  good  faith,  be,  and  the  same  is  hereby  le- 
galized. 

Sec.  2.  And  be  it  further  enacted,  That  if  any  proceed- 
ings had  in  the  Court  of  County  Commissioners  in  any 


1861.  172 

county  of  this  State,  prior  to  the  passage  of  this  act,  for 
the  equipment  of  volnuteers,  or  support  of  their  fami- 
lies as  aforesaid,  there  shall  have   been  any  want  of 
Want  of  author-  authority,  omission  or  irregularity,  said  court  shall  have 
ity  supplied.      full  power  to  impose  any  tax,  adopt  any  ordinance,  pass 
any  order  or  decree,  or  take  any  action   necessary  to 
carry  out  in  good  faith  any  obligation,  promise,  pledge, 
or  assurance  incurred  or  given,  or  which  may  have  been, 
by  said  court  intended  to  be  incurred  or  given  for  the 
purposes  aforesaid. 
Levies  of  taxes  to      Sec.  3.  Aud  be  U  further  enacted^  That  any  taxes  here- 
tXlegaUz'ed.    toforc  Icvicd  to  equalize  the  burthen  of  taxation  ia 
any  of  the  counties  of  this  State,  is  hereby  legalized. 
Approved,  November  30,  1861. 


ITo.  157.]  AN  ACT 

To  prevent  the  sale  of  Spirituous  Liquors  within  one 
mile  of  Mulberry  Academy,  in  Bibb  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 

resentatives  of  tJie  State  of  Alabama  in  General  Assembly 

„. ,.         .,    convened.    That  from  and  after  the  passage  of  this  act, 

Withm  one  mile.  '  inn  t  c        •    • . 

no  person  or  persons  shall  sell  or  dispose  oi  spirituous 
or  intoxicating  liquors  within  one  mile  of  the  school, 
or  academy,  known  as  Mulberry  Academy,  in  the 
county  of  Bibb. 

Sec.  2.  Be  it  further  enacted,  That  any  person  or  per- 
demeanw-.  "^'^  SOUS  offending  against  the  provisions  of  the  first  section 
of  this  act,  or  in  any  wise  giving  away,  selling  or  dis- 
posing of  spirituous  liquors  of  any  kind,  except  for 
medicinal  purposes,  with  intent  to  evade  the  provisions 
of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  shall 
'  be  liable  to  indictment,  and  on  conviction  shall  be  fined 
not  less  than  fifty,  or  more  than  one  hundred  dollars  for 
each  and  ever}"  such  oftense;  and  for  every  conviction 
for  oti^ending  against  the  provisions  of  this  act,  the  soli- 
citor's fees  shall  be  twenty  dollars. 

Approved,  November  29,  1861. 


173  1861. 

Ko.  158.]  AN  ACT 

'i'o  prevent  tlie  sale  of  Vinous  or   Spirituous  Liquors 
within  three  miles  of  Scottville,  in  Bibb  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act,  it 
shall  not  be  lawful  for  any  person  or  persons  to  sell 
vinous  or  spirikious  liquors  within  three  miles  of  the 
town  of  Scottville,  in  Bibb  county,  Alabama,  except 
for  medical  purposes. 

Approved,  December  8,  1861. 


Ko.  159.]  AN"  ACT 

To  prohibit  the  sale  of  Spirituous  Liquors  within  two 
miles  of  Harmony  Church,  in  Franklin  county,  and 
the  Presbyterian  Church,  near  Pleasant  Site  in  said 
county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Mcpre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  Th.:it  it  shall  not  be  lawful  for  any  person  or^"'*'"^  ™""' 
persons  to  sell  or  offer  for  sale  any  vinous  or  spirituous 
liquors  within  two  miles  of  Harmony  Baptist. Church, 
iu  the  county  of  Franklin,  except  for  medicinal  or  sac- 
ramental purposes. 

Sec.  2.  Be  it  further  enacted.  That  any  person  or  per-p^^auyforvJo- 
sons  so  offending,   shall  be  subject  to  indictment,  and '''*'o°- 
upon  conviction  thereof,  shall  be  fined  not  less  than 
filty  dollars,  for  each  and  every  such  offence. 

S^(T.  3.  Be  it  further  enacted,  That  the  provisions  of  Applied  to  ano. 
this  act  are  hereby  made  applicable  in  all   respects  to '•»" <='""''=h' 
the  Presbyterian   Churcfi,   near  Pleasant  Site  in  said 
couiity  of  Franklin. 

Approved,  November  27, 1861. 


1881.  174 

^Ko.  160.]  A-n  ACT 

To  prevent  the  sale  of  Spirituous  Liquors  within  one 
mile  of  Shorterville  Church,  in  the  county  of  Henry. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Blouse  of  Eep' 
resentatives  of  the  Slate  of  Alabama  in  General  Assembly 
Within  one  mile  cf'^^'fiwsc?,  That  from  and  after  the  passage  of  this  act, 
DO  person  or  persons  shall  sell  or  dispose  of  any  spiritu- 
ous or  intoxicating  liquors  within  one  mile  of  Bhorter- 
ville  Church,  in  the  county  of  Henry. 
violation  a  miB^     Sec.  2.  Be  it  fuvther  enacted.  That  any  person  offend- 
temeanor.        ing  against  the  provisions  of  this  act,  or  in  any  wise 
giving  away,  selling  or  disposing  of  spirituous  liquors 
of  any  kind,  except  for  medical  or  sacramental  pur- 
poses, with  intent  to  evade  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  liable  to 
indictment,  and  on  conviction  shall  be  fined  not  leas 
than  Hfty,  nor  more  than  one  hundred  dollars. 
Approved,  December  9,  1861. 


Ko.  161.]  AK  ACT 

To  prohibit  the  sale  of  Spirituous  Liquors  within  two 
miles  of  Bethel  Church,  in  Jefferson  county. 

Sec.  1.  Be  it  enacted  by  the  Senate,  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
no  person  or  persona  shall  sell  spirituous  liquors  or 
wines  within  two  miles  of  Bethel  Church,  in  Jefferson 
county,  except  for  medical  or  sacramental  purposes; 
and  if  any  person  or  persons  shall  sell  spirituous* liquors 
or  wines,  in  violation  ^f  this  act,  such  person  or  per- 
^^enauy  roi' yiD=  soiis  shall  be  subject  to  indictment,  and  on  conviction 
shall  be  fined  in  a  sum  not  less  than  tweutj^-five  dollars, 
.  or  more  than  one  hundred  dollars,  for  each  and  every 
such  offence. 

ttopeaibgciauBe   ^^^^'  ^^  ^^  H  further  enacted,  That  all  laws,  or  parts 
01  laws,  contravening  the  provisions  of  this  act,  be,  and 
the  same  are  hereby  repealed. 
Approved,  December  9,  1861. 


Within  2  miles. 


176  1861, 

No.  162.]  AN  ACT 

To  regulate  the  sale  of  Spirituous  Liquors  in  the  Dan- 
ville district  of  Morgan  county,  Alabama 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
any  person  desiring  to  retail  or  sell  spirituous  liquors, 
in  any  quantities  less  than  one  gallon,  in  the  election 
precinct  in  which  Danville  is  located,  in  Morgan  county, 
Alabama,  before  doing  so,  or  obtaining  license  to  do  so, 
must  iile  with  the  judge  of  Probate  of  said  county,  the 
written  consent  of  a  majority  of  the  voters  of  said  elec- 
tion precinct;  and  anj'  person  violating  the  above  act, 
shall  be  subject  to  the  laws  now  in  force,  for  selling  in 
less  quantities  than  one  quart,  or  without  license. 

Approved,  December  9,  1861. 


Ko.  163.]  AK  ACT 

To  prohibit  the  selling  or  offering  for  sale  any  Vinous 
or  Spirituous  Liquors,  within  two  miles  of  Spring 
Hill  Church,  in  the  county  of  Perry,  or  of  Liberty 
Baptist  Church,  in  the  county  of  Pickens. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act,  it  Wthin  2  miles, 
shall  not  be  lawful  for  any  person  or  persons  to  sell,  or 
offer  for  sale,  any  vinous  or  spirituous  liquors  within 
two  miles  of  Spring  Hill  Church  in  the  county  of  Perry, 
or  of  Liberty  Baptint  Church,  in  the  county  of  Pickens, 
except  for  medicinal  or  sacramental  purposes. 

Sec.  1.  And  be  it  further  enacted,  That  any  person  or  penalty  for  Tio« 
persons  so  offending,  shall  be  subject  to  indictment,  *''**<'°' 
and  upon  conviction  thereof,  shall  be  fined  not  less  than 
fifty  dollars  for  each  and  every  such  offense. 

Approved,  November  11,  1801. 


1861.  176 

No.  164.]  AN  ACT 

To  prevent  the  sale  of  spirituous  liquors  within  one  mile 
of  Silver  ]^un  Church,  in  Russell  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep. 
resentatives  of  the  State  of  Alahama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 

Withihcnemiie.it  ^\-^r^\i  ^ot  be  lawful  for  any  person  to  sell  spirituous 
liquors,  or  wines,  within  one  mile  of  Silver  Run  Church, 
situated  in  Russell  county,  except  for  medical  purposes; 
and  if  any  person  shall  sell  spirituous  liquors  or  wines 
in  violation  of  this  act,  such  person  shall  be  subject  to 
indictment,  and  on  conviction,  may  be  fined  in  a  sum 

genaUyforTio-  not  Icss  than  ouc  huudrcd  dollars,  nor  more  than  five 
hundi-ed  dollars,  for  each  and  evei-y  such  offence. 

Repealing  clause      ^EC.  2.  Bc  it  further  enacted,  That  all  laws  and  parts 
of  laws,  contravening  the  provisions  of  this  act,  be  and 
the  same  are  hereby  repealed. 
Approved,  December  4,  1861. 


Ko.  165.]  AN  ACT 

To  prevent  the  vending  of  spirituous  liquors  within  three 
miles  of  Friendship  Church  and  Academy,  in  the 
county  of  St.  Clair. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  from  and  after  the  passage  of  this  act, 
it  be,  and  hereby  is  made  unlawful,  for  any  person  to 
vend  spirituous  liquors  within  three  miles  of  Friendship 
Church  and  Academy,  in  the  county  of  St.  Clair,  any 
law  to  the  contrary  notwithstanding:  Provided,  That 
the  provisions  of  this  act  shall  not  apply  to  physicians 
or  druggists  furnishing  spirituous  liquors  bo7ia  Me  for 
medicinal  purposes. 

Approved,  December  4,  1861. 


177  1861. 

Ko.  166.]  AN"  ACT 

To  prevent  the  sale  of  spirituous  liquors  within  two  miles 
of  Branchville,  in  St.  Clair  county. 

Section  1 .  Be  it  enacted hy  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Ahdmma  iii   General  Assembh/ 
convened,    That  it  is  made  the  duty  of  the  sheriff  of  St. 
Clair  county,  upon  the  petition  of  ten  householders  re- 
siding in  the  beat  in  which  the  village  of  Branchville,  Election  to  be 
in  St.  Clair  county,  is  situated,  to  advertise  and  hold  '""'''■ 
an  election  at  the  village  of  Branchville,  for   the   pur- 
pose of  ascertaining  the  sense  of  the   citizens   of  said 
beat  as  to  the  prohibition  of  vending  spirituous  liquors 
within  two  miles  of  the  village  of  Branchville,  at  which 
all  the  qualified  voters  in  siiid  beat  shall  be  entitled  to  """^  conducted, 
vote  at  said  election  to  be  conducted  bj^  the  sheriff  and 
two  managers  and   clerks    by    him    selected  after   the 
manner  of  holding  elections  for  members  of  the  Gen- 
eral Assembly;  of  the  time  and  place   of  holding  said 
election,  the  sheriff  shall  give  thirty  days  previous  no- ^'■'y  "lays'  no- 
tice, posted  at  Branchville,  and  three  other  of  the  most 
public  places  in  said  beat. 

Sec,  2.  And  be  it  farther  enacted,  That  the   voters  at  ..prohibition',  or 
said  election  shall  write  upon   their  tickets  "prohibi-""op''oi''b»t»on" 
tion  "  or  "no  prohibition."     If  upon  counting  out  the 
votes,  it  shall  appear  that  there  are  a  majority  of  votes 
for  prohibition,  the  said  managers  and  clerks  shall  cer- 
tifj^  and  deliver  the  same  together  with  one  list  of  the 
scroll  and  tally  sheet  kept  at  said  election,  to  the  said 
sheriff  or  his  deputy  holding  said  election,  as  the  case 
may  be,  whose  duty  it   shall    be  to   deliver   the   same 
within  three  days  to  the  judge  of  probate,  and  it  shall  ^^^^  ^^^^^^    ^^ 
not  be  lawful  for  the  said  judge  of  probate  thereafter  rrouate. 
to  issue  any  license  to  any  one  to  retail  spirituous  liquors 
in  said  beat  within  two  miles  of  said  village,  nor  shall 
it  be  lawful  for  any  person  to  vend  any  spirituous  liquors 
in  any  quantity,  (except  for  medicinal  purposesi^)  within 
two  miles  of  said  village.     An}'  person  knowingly  vio- ponaity  for  re- 
lating the  provisions  of  this  law,  shall  be  liable   to  in- "*''"'^' 
dictmcnt  as  a  retailer  without  license,    and  subject   to 
the  same  fines  and  penalties  as  such. 

Sec.   3.  And  he  it  further  enacted,  That  any   sheriff',  Penalty  ofsber- 
manager,  or  clerk,  refusing  to   act  as  required  by   the'Jngio'acL'*^"' 
12     . 


1861.  178 

provisions  of  this  act,  shall  upon  notice  and  proof  there- 
of, made  before  the  judge  of  the  circuit  court  for  said 
county,  be  fined  in  a  sum  not  exceeding  fifty  dollars  as 
the  judge  may  see  proper ;  and  any  person  voting  in 
said  election  who  is  not  a  legal  voter  and  citizen  of  said 
beat,  may  be  indicted,  and  on  conviction,  fined  fifty 
dollars. 
Approved,  December  7,  1861. 


No.  167.]  AN  ACT 

To  modify  an  act,  entitled  an  act,  approved  December 
17th,  1*869,  to  prevent  the  sale  of  vinous  or  spirituous 
liquors  in  the  town  of  Lexington,  and  in  beat  No.  2^ 
in  Tuskaloosa  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  ofBep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  citizens  of  New  Lexington  beat  num- 
ber 2,  in  Tuskaloosa  county,  or  any  one  or  more  of 
them,  who  live  within  the  distance  of  two  miles  of  the 
town  of  New  Lexington,  are  hereby  privileged  to  sell 
spirituous  liquors  by  the  barrel,  gallon,  or  quart,  that 
may  be  manufactured  by  themselves  in  said  beat :  Pro- 
vided, That  all  such  persons  who  ma}^  avail  themselves 
of  the  privileges  of  this  act,  shall  be  subject  to  all  the 
pains  and  penalties  for  violating  the  law  now  in  force 
regulating  the  retailing  of  spirituous  liquors  in  this 
State,  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding. 

Approved,  December  10,  1861. 


No.  168.]  AN  ACT 

To  preveftt  the  sale  of  spirituous  liquors  within  two 
miles  of  the  Alabama  Presbyterian  Male  Academy  at 
Lower  Peach  Tree,  Wilcox  county,  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre-^ 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  it  shall  not  be  lawful  for  any  person  to 
sell  spirituous  liquors  or  wines  at  any  point  within  two 


179  1861. 

miles  of  the  South  Alabama  Presbyterian  Male  Acade- 
my, near  Lower  Peach  Tree,  in  Wilcox  county,  except 
for  medical  or  sacramental  purposes ;  and  if  any  person 
shall  sell  spirituous  liquors  or  wines  in  violation  of  this 
act,  such  person  shall  be  subject  to  indictment,  and  on 
conviction,  may  be  fined  in  a  sum  of  not  less  than  one 
hundred  dollars  for  each  and  every  such  oifence. 
Approved,  December  9,  1861. 


No.  169.]  AK  AGT 

To  refund  a  certain  sum  of  money. 

Whereas,  on  the  8th  day  of  February,  1861,  an  act 
was  approved,  appropriating  the  sum  of  two  hundred '''■^*"™'''®" 
dollars  to  compensate  William  Skinner  and  J.  S.  Clark, 
to  be  paid  out  of  escheated  estates;  and  whereas,  on 
the  4th  day  of  March,  1861,  W.  J.  Greene,  as  Comp- 
troller of  Public  Accounts,  did  in  compliance  with  the 
provisions  of  said  act,  issue  his  warrant  on  the  State 
Treasurer  in  favor  of  said  Skinner  and  Clark  for  the 
said  sum  of  two  hundred  dollars,  which  amount  was 
paid  thereon  by  the  Treasurer  before  the  fact  Avas  dis- 
covered that  all  escheated  estates,  then  received  into  the 
Treasur^^  had  been  passed  to  credit  of  the  educational 
fund  and  disposed  of  in  its  general  distribution  ;  where- 
upon, the  State  Treasurer  returned  said  sum  of  two 
hundred  dollars  into  the  treasury  from  his  private 
means  and  demanded  its  repayment  of  the  said  W.  J. 
Greene,  which  repayment  was  made  by  him,  therefore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly  ^ooo  appropria- 
convened^  That  the  sum  of  two  hundred  dollars  be,  and  t<'.i  to niraburse 
the  same  is   hereby   appropriated   to   the    said  W.   J.  comiuronu"!' 
Greene,  to  be  paid  out  of  the   educational  fund  ;  and 
that  the  Comptroller  of  Public  Accounts  is  hcreb}'  re- 
quired  to    draw   his    warrant    therefor   on    the   State 
Treasurer  in  favor  of  the  said  W.  J.  Greene. 

Approved,  December  8,  1861. 


1861.  180 

No.  170.]  AN  ACT 

To  exempt  the  Medical  superintendent  of  the  Alabama 
Hospital  for  the  insane,  and  his  assistants,  from  the 
performance  of  military  and  road  service,  and  from 
serving  as  jurors. 

SECTioi«r  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alaha^na  in  General  Assembly 
con:pene.d.  That  the  medical  superintendent  of  the  Ala- 
bama Hospital  for  the  insane,  and  his  assistants,  be  and 
they  are  hereby  exempted  from  the  performance  of  any 
military  service  or  duty,  and  from  all  liability  to  per- 
form any  work  or  labor  on  any  public  road  or  highway 
and  from  serving  as  jurors  in  this  State. 

Approved,  November  11,  1861. 


No.  171.]  AN  ACT 

To  require  the  Commissioner  of  Public  Lands  to  issue 
a  patent  to  Martha  Carrol,  of  Calhoun  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  Commissioner  of  Public  Lands  be, 
and  he  is  hereby  required  to  issue  a  patent  to  operate 
as  a  quit  claim  to  Martha  Carrol  for  the  northwest 
quarter  of  the  northeast  quarter  of  the  section  three,  in 
township  14,  range  6,  in  the  county  of  Calhoun. 

Approved,  December  9,  1861. 


No.  172.]  AN  ACT 

To  authorize  the  location  of  a  Land  Warrant,  therein 

named. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
Dicey  Dejarnett  conveued,  That  Diccy  Dejarnett,  of  the  county  of  Jeffer- 
"'  "    son,  or  her  assignee,  be,  and  is  hereby  authorized  to 
locate  on  any  of  the  public  lands  in  this  State,  subject 


authorized  to  lo- 


181  1861. 

to  entry  land  warrant  No.  96,619,  for  one  hundred  and 
sixty  acres  of  land,  issued  to  the  said  Dicey  Dejarnett 
by  the  government  of  the  United  States,  on  the  21st 
day  of  Januar}',  1861. 

■:     Sec.  2.  Be  it  further  enacted,   That  the  location   of  ^^^^^^^^.^^^^^^ 
said  warrant  shall  be  governed  by  the  same  laws,  rules 
and   reguhitions  governing  the  location   of  land  war- 
rants, issued  by  the  government  of  the  United  States 
prior  to  the  11th  day  of  January,  1861. 
Approved,  December  9,  1861. 


No.  173.  j  AN  ACT 

In  relation  to  the  Selma  and  Gulf  Rail  Road  Company. 

Whereas  by  an  act  approved  the  18th  of  February,  p^^,^^^^,^^^^^.^^^ 
1860,  entitled  an  act  to  appropriate  the  three  per  cent.  Jor"i  certain 
fund,  a  loan  of  forty  thousand  dollars  was  made  to  the 
Selma  and  Gulf  Rail  Road  Company',  upon  certain  con- 
ditions in  said  act  contained ;  and  whereas  said  Selma 
and  Gulf  Rail  Road  Company  have  complied  with  all 
the  conditions  required  of  them,  in  order  to  obtain  pay- 
ment of  the  sum  so  loaned  ;  and  whereas  said  Rail  Road 
Company,  in  the  present  condition  of  the  country,  are 
willing  to  postpone  the  payment  to  them  of  said  sum 
of  monej^  until  the  present  war  is  ended;  and*  whereas 
the  Alabama  and  Mississippi  Rivers  Rail  Road  Com- 
pany are  now  activel}-  engaged  in  building  a  rail  road 
from  Selma  via  Uniontown  and  Demopolis,  so  as  to 
unite  at  Meridian  with  the  rail  road  now  completed  to 
Vicksburg,  on  the  Mississippi  river,  with  the  Mobile 
and  Ohio  Road,  and  with  the  New  Orleans  and  Jack- 
eon  Road ;  and  whereas,  the  Alabama  and  Missis- 
sippi Rivers  Rail  Road,  forming  a  connection  between 
the  waters  of  the  Alabama  and  Mississippi  Rivers,  with 
the  North  West,  and  with  New  Orleans,  is  essential  to 
the  government  in  the  existing  war,  for  the  transporta- 
tion of  troops,  munitions  of  war,  provisions,  and  the 
public  mails: 

Sec.  1.  Be  it  therefore  enacted  by  the  Senate  and  Home 
of  Representatives  of  the  State  of  Alabama  in  General  As- 
sembly convened.  That  with  the  consent  of  the  Selma  poned.'     ^'^^ 
and  Gulf  Rail  Road  Company,  the  payment  to  the  said 


1861.  182 

Company  of  the  said  sum  of  forty  thousand  dollars  be 
postponed  until  the  end  of  the  existing  war,  and  the  con- 
clusion  of  peace;  and  that  upon  the  ratification  of  a 
treaty  of  peace,  said  Selma  and  Gulf  Rail  Road  Com- 
To  receive  it  af- P^^J  ^^all  bc  entitled  to  demand  and  receive  from  the 
terthcwar.       State  trcasury,  the 'said  sum  of  forty  thousand  dollars 
so  loaned,  upon  giving  bond  with  good  security,  condi- 
tioned that  said  sura  of  forty  thousand  dollars  shall  be 
Condition.         applied  alone  to  the  purchase  of  iron,  and  the  laying  of 
the  same  upon  said  rail  road,  and  executing  a  first 
mortgage  bond  on  said  rail  road  and  all  its  rights  and 
fixtures  to  secure  the  repayment  of  said  forty  thousand 
dollars,  at  the  expiration  of  five  years  thereafter,  and 
the  interest  thereon,   at  the  rate  of  six  per  cent,  per 
annum. 
Ala.  and  Mis?,  n.      Sec.  2.  Be  it  further  euacted,  That  in  the  meantime, 
$4wbouu peace  ^^"^^  uutll  a  treaty  of  peace  shall  bg  concluded,  the  said 
isconciuded.      guni  of  forty  thousand  dollars  of  the  three  per  cent, 
fund  be  loaned  to  the  Alabama  and  Mississippi  Rail 
Road :    Provided   said   rail   road    Company   shall   exe- 
cute and  deliver  to  the  Governor  its  bond,  with  the 
most  ample  and  satisfactory  security,  conditioned  for 
the  payment  of  the  said  sum  of  forty  thousand  dollars, 
with  six  per  cent,  per  annum  thereon,  into  the  State 
treasurj^,  within   one  month  after  receiving  notice  to 
make  such  payment,  according  to  the  terms  of  this  act; 
such  security  to   be  personal,  by  deed  of  trust,   or  by 
mortgage  with  power  of  sale,  as  the  Governor  may  re- 
quire. 

Approved,  December  5,  1861. 


No.  174.]  AN  ACT 

In  relation  to  certain  debts  due  Township  5,  Range  22, 
in  Cofiee  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  l^tate  of  Alabama  in  General  Assembly^ 
convened^  That  the  Superintendent  of  Public  Education 

bewuhd"rawiV°  ^*^'  ^^^^  ^®  ^s  hereby  instructed  to  withdraw  from  suit,. 

fromsnit.  and  cauccl  the  following  notes  taken  for  the  purchase 
of  the  south-west  quarter  of  section  16,  township  5,' 
range  22,  in  Cofiee  county,  to  wit :  four  notes  made 

i 


183  1861. 

bj   Elizabeth  Brooks,    as    principal,    and    J.  Brooks  jjggg^ipjjp^ I 
and  Robert  P.  Brooks  as  securities,   each  for  $60  78; 
four  notes  made  by   Samuel  Prince  as  principal,  and 
Tyre  Goins  and  John  Prince  as  securities,  each  for  $28 
28|  ;  and  four  notes   made  by  Alexander  Wilkes  as 
principal,  and  J.  M.  Carmichael  and  N".  B.  Peacock  as 
securities,   each  for  $28  28i;    all  of  which  notes  are 
dated  February  5,  1859,   and  are  payable  in  one,  two, 
three  and  four  years  from  said  date  :  Provided,  lioioever,  Proviso. 
that  proof  shall  first  be  made  to  the  satisfaction  of  said 
superintendent,   that  said  notes  were  given  for   said 
quarter  section,  after  it  had  previously  been  sold  to  and 
fully  paid  for  by  another  party  than  the  purchasers  at 
the  sale  on  which  said  notes  were  given. 
Approved,  November  29,  1861. 


No.  175.]  AN^ACT 

To  authorize  the  sale  of  the  property  of  Township  16, 
Range  17. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  liepre- 
sentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  W.  B.  Bell,  David  J.  Bunting  and  George 
M.  Figh,  or  a  majority  of  them,  be,  and  are  hereby  au- 
thorized to  sell  the  real  estate  in  the  city  of  Montgom- 
ery owned  by  township  16,  and  range  17 :  Provided, 
however,  that  the  persons  above  named  shall  hold  an 
election  by  giving  twenty  days  notice,  and  the  citizens 
of  said  township  shall  determine  whether  said  property 
shall  be  sold  or  not. 

Approved,  December  9,  1861. 


No.  176.]  AN  ACT 

To  provide  for  the  erection  of  a  Building  at  Manassas, 
for  the  protection  of  the  clothing,  and'other  articles, 
of  Alabama  Volunteers,  in  the  army  of  the  Potomac. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Ju'prcsentatives  of  the  State  of  Alabama  in  General  Assembly 


1861.  184 

oonvened,  That  the  quarter  master  of  any  Alahama  regi- 
ment in  the  army  of  the  Potomac,  who  may  be  desig- 
nated by  the  Governor,  be,  and  he  is  hereby  authorized 
j;i5oomaybe     ^xD  draw  on  the  treasurer  for  the  sum  of  fifteen  hundred 
drawn.  doHars,  or  such  less  sum  as  may  be  necessary,   to  be 

used  in  the  erection  of  a  building  at  Manassas,  Virginia, 
to  shelter  and  protect  the  clothing,  and  other  articles 
belonging  to  the  volunteers  from  the  State  of  Alabama 
in  the  army  of  the  Potomac. 
Approved,  December  9,  1861. 


No.  177.]  AN  ACT 

To  authorize  the  appointment  of  a  Surgeon-in-Chief  to 
the  State  Hospital  for  sick  soldiers  of  Alabama  in 
the  army  of  the  Potomac. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alahama  in  General  Assembly 
convened,  That  on  the  location  of  the  hospital,  by  the 
agent  who  may  be  appointed  under  an  act  passed  at 
the  present  session  of  the  General  Assembly,  entitled 
"  An  Act  to  provide  a  Hospital  for  sick  troops  from 
Alabama  in  the  army  of  the  Potomac,  and  for  other 
purposes,"  approved  9th  November,  1861,  the  Governor 
shall  be  authorized  to  appoint  a  surgeon-in-chief  to  said 
hospital,  whose  duty  it  shall  be  to  take  charge  of  the 
same,  and  who  shall,  if  not  paid  by  the  Confederate 
States,  receive  the  same  pay  from  the  State,  as  is  al- 
lowed by  law  to  surgeons  in  the  service  of  the  Confede- 
rate States. 

Approved,  December  7,  1861. 


No.  178.]  AN  ACT 

To  provide  for  the  sick  and  wounded  Volunteers  who 
may  rendezvous  at,  or  be  sent  to  Florence. 

Sec.  1 .  He  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  iive  thonsand  dollars  be,  and 


185  1861. 

the  same  is  hereby  appropriatocl,  to  be  paid  out  of  the  „.    .^ 

.,,  „        ,  -,      ^5;      ^         .      \       r    .y  '^   r^  ^     ^'^'*^  thousand 

military  lund,  under  the  control  ot  the  Grovernor,  to  dollars  appro- 
provide  for  the  necessities  of  the  sick  and  U'oundcd  sol-  ^'"'''^''' 
diers  or  volunteers  who  shall  rendezvous  at  Florence, 
in  compliance  with  the  late  requisition   of  General  A. 
S.  Johnson  upon  the  Governor  for  twelve  months  vol- 
unteers. 

Skc.  2.  Be  it  further  enacted,  That  Dr.  James  T.  liar-  Names  of  per- 
graves,  James  W".  Stewart,  and  Col.  George  W.  Ivars- ^;^;,\^*j^^^'^'p<'^'°- 
iier  and  li.  M.  Patton  are  hereby  authorized  to  supcrin-  ments. 
tend  the  arrangements  necessary  to  be  made,  and  to 
direct  and  control  all  expenditures  made  under  this  act, 
and  upon  their  certificates  or  the  certificates  of  a  ma- 
jority of  them,  that  the  sum  or  sums  so  certified  to, 
were  necessary  and  properly  expended  for  the  purposes 
of  this  act,  the  Governor  shall  order  the  same  to  be 
paid,  and  they  shall  furnish  proper  vouchers  for  said 
exi^enditures. 

Approved,  December  9, 1861. 


No.  179.]  AN  ACT 

To  make  Tuskaloosa  and  La  Grange,  or  its  vicinity,  a 
military  rendezvous,  for  certain  purposes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  is  hereby  authorized  to  Artniery  compa- 
supply  any  artillery  company  now  being  raised,  or  that  8"ubsf8tenco!''* 
may  hereafter  be  raised  in  the  city  of  Tuskaloosa  or  its 
vicinit}',  with  subsistence  from  the  time  the  members  of 
said  company  shall  commence  their  rendezvous  at  Tus- 
kaloosa until  it  is  mustered  into  the  service  of  the  Con- 
federate States,  but  the  subsistence  supplied  under  this 
act,  shall  not  exceed  one  soldier's  ration  per  day  for  each 
member  of  said  oompan}^  nor  shall  such  subsistence  be 
supplied  for  a  longer  term  than  thirty  days ;  but  such 
subsistence  may  be  provided  for  sixty  days,   if  in  the  Term. 
opinion  of  the  Governor   the  public  good  would  be  • 

thereby  promoted. 

Sec.  2.  Be  it  farther  enacted,  That  the  captain  of  any  Person  to  furnish 
such  company  may,  with  the  consent  of  the  Governor,  i''eratioD8. 
appoint  a  member  of  the  company  as  quarter  master, 


1861.  186 

whose  duty  it  shall  be  to  provide  and  furnish  rations  to 
said  company  wthout  charge  for  his  services,  and  who, 
before  entering  on  his  duties,  shall  give  bond  payable 
Bond  required,  to  the  State  in  such  sura  as  the  Governor  may  direct, 
faithfully  to  execute  the  duties  of  his  office ;  and  whose 
accounts,  duly  certified  by  him,  and  audited  by  the 
Comptroller,  shall  be  paid  on  the  Comptroller's  warrant 
on  the  Treasurer,  out  of  any  moneys  not  otherwise  ap- 
propriated. 

Sec;  3.  Be  it  further  enacted.   That  the  provisions  of 
flrTlivebTnd.    this  act  shall  not  be  extended  to  any  artillery  company, 
until  the  captain,  or  some  other  officer  or  member  of  said 
company,  or  some  one  connected  with  or  engaged  in  the 
raising  of  the  same,  shall  give  b*bnd  and  security,  to  be 
approved  by  the  Governor,  in  such  amount  as  he  may 
direct,  payable  to  the  State,  and  conditioned  to  refund 
to  the  State  any  sum  paid  by  the  State  for  subsistence,  if 
the  said  company  shall  not  be  mustered  into  the  service 
of  the  Confederate  States  within  sixty  days  from  the 
execution  of  the  bond,  provided  for  in  this  section,  the 
parties  to  the  bond  shall  not  be  held  liable  for  the 
amount  of  subsistence  furnished  those  who  have  been 
mustered  into  service,  as  aforesaid. 
Enforcement  of      Sec.  4.  Bc  it  further  cnacted,  That  judgment  may  be 
the  bond.         j^ad  against  one  or  more  of  the  obligors  on  said  bond,  or 
their  personal  representatives,  by  motion  in  the  circuit  or 
county  court  of  Montgomery  county,  on   twenty  days 
notice ;  and  on  the  trial,  a  copy  of  the  bond  certified  by 
the  Secretary  of  the  State,  and  the  account  of  the  amount 
paid  under  the  provisions  of  this  act  for  subsistence, 
certified  by  the  Comptroller,  shall  be  presumptive  evi- 
dence; the  first  of  the  execution  of  the  bond,  and  the 
second  of  the  amount  paid, 
to      ^^^"  ^'  "^^  *'^  further  enacted,  That  all  bonds  required 
be  filed.*  ^^'^  **  under  the  provisions  of  this  act,  shall  be  filed  in  the 
Extended  to  La-  Secretary  of  State's  office:  Brovided,  that  the  provisions 
Sof  '"'"'^'■^'  9^  t^'^s  act  shall  apply  to  the  La  Grange  Military  School, 
in  Franklin  county,  or  adjacent  thereto. 
Approved,  December  3;  1861. 


187  1861. 

No.  180.]  AN  ACT 

To  amend  and  explain  an  Act  making  Tuskaloosa  and 
La  Grange,  or  its  vicinity,  a  military  rendezvous,  for 
certain  purposes. 

Whereas  the  3d  section  of  the  above  recited  act,  is 
obscure  and  unintelligible,  in  the  concluding  clause  of 
said  3d  section  ;  therefore 

Section  1.  Be  it  enacted  hy  the  Senate  and  Hon se  of 
Mepresentatives  of  the  State  of  Alabama  in  General  Assenihly 
convened,  That  all  after  the  words  "Confederate  States," 
where  they  first  occur,  in  the  3d  section  of  the  above 
recited  act,  be,  and  the  same  are  hereby  stricken  out, 
and  the  following  inserted :  Provided,  in  case  of  failure  tutedlnthlrd* 
to  raise  the  compan}^,  the  members  so  subsisted,  or  any  section. 
of  them,  shall  attach  themselves  to  other  companies  and 
be  mustered  itito  the  service  of  the  Confederate  States, 
within  sixty  days  after  the  execution  of  the  bond,  pro- 
vided for  in  this  section,  the  obligors  in  the  bond  shall 
not  be  held  liable  for  the  amount  of  subsistence  fur- 
nished those  who  have  been  mustered  into  service,  as 
aforesaid. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  be  Act,  how  con- 
construed  as  if  this  amendment  had  formed  a  part  of '^ 
the  section  of  which  it  is  explanatory,  at  the  time  of  the 
passage  and  approval  of  the  act. 

Approved,  December  9,  1861. 


'  slrued. 


Ko.  181.]  AN  ACT 

To  transfer  the  executorship  of  Robert  Craig,  deceased, 
from  the  probate  court  of  Sumter  county  to  the  pro- 
bate court  of  Dallas  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  James  D.  Craig,  who  by  the  last  will 
and  testament  ot  Robert  Craig,  deceased,  late  of  Sum- 
ter county,  was  appointed  executor  of  said  last  will  and 
testament,  and  by  its  provisions  was  exempted  from  May  procure  cer- 
giving  bond  or  security  upon  his  qualifying  as  such  ^'^*'^*'*'P''' 
executor,  and  who  has  qualified  as  such  executor  in  the 


1861. 


File  in  Dallas. 


Jurisdiction 
transferred. 


Former  act  re- 
pealed.    . 


188 

probate  court  of  Sumter  county,  be  and  he  is  hereby  au- 
thorized to  procure  from  the  said  probate  court  of  Sum- 
ter county,  a  certified  copy  of  the  said  last  will  and  testa- 
ment of  said  Robert  Craig,  and  of  all  orders,  entries 
and  proceedings  had  in  said  court  in  reference  to  said 
estate,  and  to  file  the  same  in  the  probate  court  of  Dal- 
las c6unty. 

Sec.  2.  Be  it  further  enacted,  That  the  jurisdiction  of 
the  probate  court  of  Sumter  county  over  the  estate  of 
the  said  Robert  Craig,  .deceased,  be  and  the  same  is 
hereby  transferred  to  the  probate  court  of  Dallas  coun- 
t}',  and  the  probate  court  of  Dallas  county  is  hereby 
invested  with  jurisdiction  over  said  estate  as  fully  as 
the  probate  court  of  Sumcer  county  was  before  the  pas- 
sage of  this  act. 

Sec.  3.  Be  it  further  enacted,  That  the  act,  entitled 
"an  act  to  give  the  judge  of  probate  of  Dallas  county, 
jurisdiction  over  the  estate  of  Robert  Craig,  deceased, 
late  of  Sumter  county,"  approved  January  29th,  1861, 
be  and  the  same  is  hereby  repealed. 

Approved,  December  7,  1861. 


No.  182.] 


AN"  ACT 


To  enable  Pleasant  May  to  remove  the  personal  proper- 
ty of  his  wards  out  of  the  county  of  Greene,  and  to 
rent  land  on  which  to  employ  it. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alahama  in  General  Assem- 
bly convened,  That  the  probate  court  of  Greene  county 
be,  and  it  is  hereby  authorized  and  empowered,  upon 
the  application  of  Pleasant  May,  guardian  of  Syd.  May, 
Wm.  S.  May,  Augustus  M.  May,  Wiley  C.  May,  and 
John  F.  C.  May,  minor  heirs  of  John  May,  deceased,  to 
Order  to  be  gran,  grant  him  an  ordcr  to  remove  the  personal  property  of 
his  said  wards  out  of  the  county  of  Greene,  and  in  the 
county  to  which  they  may  be  removed,  to  rent  lands  on 
which  said  property  may  be  worked  for  the  use  of  said 
wards :  Provided,  That  he  shall  continue  to  account  as 
guardian  with  the  probate  court  of  said  county  for  the 
said  property,  and  before  such  order,  he  procure  the 
assent  in  writing  of  the  securities  on  his  guardian  bond 


ted. 


Proviso. 


•  •• 


189  1SG1. 

that  said  property  maybe  removed,  and  that  such  order, 
or  removal,  shall  in  no  wa^'  impair  their  obligation  on 
such  bond,  or  execute  a  new  guardian  bond  with  satis- 
factory security. 

Approved,  December  4,  1861. 


1^0.  183.]  A^  ACT 

To  change  the  jurisdiction  of  the  trust  estate  of  Fran- 
cis Durden. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in    General  Assembly  . 
convened.  That  the  jurisdiction  of  the  chancery  court  in  jurisdiction 
the  matter  of  the  estate  of  Francis  Durden,  A.  C.  13a-  ^'^n^f^'-e**- 
ker  being  trustee  thereof,  be  transferred  Irom  the  15th 
district  of  the  Middle  Chancery  Division  to  the  40th 
district  of  the  same  Division. 

Sec.  2.  Beit  further  enacted,  That   the   said   trustee  trustee  may  ap- 
havc  full  power  to  appl}'-  an}'  portion  of  the  trust  funds  ?•>"">. porUon 
for  the  support  and  use  of  the   said  cestui  que  trust,  as 
he  may  think  best  under  the  direction  of  said  court. 

Sec.  3.  Be  it  further  enacted,  That  the  register  in  certified  trans- 
chancery  of  the  said  15th  district,  be  required  to  make  <T'i?tto  be  fur- 
out  a  certified  transcript  of  all  the  records  and  proceed- 
ings had  in  relation  to  said  trust  estate  in  his  court; 
and  that  he  transmit  the  same  together  with  all  the 
original  papers  to  the  register  of  the  chancery  court  of 
the  40th  district,  previous  to  the  next  June  term  there- 
of, and  that  the  said  trustee  pay  all  the  fees  therefor 
-out  of  the  said  estate  for  which  he  is  trustee. 

Sec.  4.  Be  it  further  enacted,  That  the  said  chancery  pfg^jurigjiction 
court  for   the  said   40th.  district,  shall  take   completely  betaken, 
jurisdiction  over  said  estate  in  every  respect  as  fully  as 
said  15th  district  now  has. 

Approved,  November  27,  1861. 


1861-  190 

~  No.  184.]  .  AN  ACT 

Authorizing  the   transfer  of  the  estate   of  Margaret 
Burns,  deceased,  from  Tallapoosa  to  Chambers  coun- 
•  ty  in  this  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in    General  Assembly 
convened,  That  the  judge  of  probate  of  Tallapoosa  coun- 
ty be,  and  he  is  hereby  authorized  and  empowered,  to 
Transfer  order  to  grant  and  make  an  order  transferring  and  removing  the 
be  granted.       exccution  of  the  will  and   estate  of  Margaret   Burns, 
deceased,   from   the  court   of  probate   of  Tallapoosa 
county,  to  the  court  of  probate  of  Chambers  county, 
Conditions.       and  upon  the  executor  of  said  will  producing  and  filing 
in  the  said  court  of  Chambers  county,  a  full  and  com- 
plete transcript  of  all  the  orders  and  entries  of  said  es- 
tate made  in  the  court  of  probate  of  Tallapoosa  coun- 
ty, and  the  original   will   and   a   certified  copy   of  its 
probate,  and  the   order  transferring  the  said   estate, 
Probate  Court  of  thereupon   the  court   of  probate  of  Chambers  county, 
havr-urisd'iction  ^^^^^^  Imvc  as  fiill  and  complete  jurisdiction  of  said  will 
and  estate  as  if  the  said  decedent  had  died  in  the  county 
ProTieo.  Qf  Chambers :  Provided,  That  before  this  act  shall  take 

effect,  the  sureties  on  the  ofiicial  bond  of  said  execu- 
tor shall  file  their  written  assent  to  the  provisions  of 
this  act  in  the  probate  courts  of  Chambers  and  Talla- 
poosa counties,  or  in  default  of  such  assent  a  new  bond 
be  given  by  said  executor,  to  be  approved  by  the  judge 
of  probate  of  Chambers  county,  and  filed  and  recorded 
in  the  office  of  said  judge. 

Approved,  November  28,  1861. 


No.  185.]  AN  ACT 

To  authorize  the  removal  of  the  administration  of  the 
estate  of  John  D.  Smith,  deceased,  from  the  county 
of  Mobile  to  the  county  of  Wilcox. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Rouse  of  Bep- 

resentatiues  of  the  State  of  Alabama  in  General  Assembly 

Administration  i  coni'enec^.  That  the  administration  of  John  D.  Smith, 

removed.         deceased,  now  pending  in  the  court  of  probate  of  Mo- 


101  1881. 

bile  county,  be  and  the  same  is  hereby  removed  from 
the  probate  court  of  Mobile  county  to  the  probate  court 
of  Wilcox  county ;  and  the  said  court  of  probate  of 
Wilcox,  is  hereby  invested  with  full  jurisdiction  probate  coun  of 
and  authority  over  the  said  estate,  and  may  make  all  j^JJ^I^^*^^^']"'^ 
orders  and  decrees  in  relation  to  the  administration 
thereof,  as  if  said  letters  had  been  originally  granted  in 
said  county  of  Wilcox,  and  the  judge  of  the  said  probate 
court  of  Mobile  is  hereby  authorized  and  required  to 
transfer  to  said  probate  court  of  Wilcox  county,  all  the 
original  papers  on  file  in  his  office  relating  to  said  estate, 
together  with  copies  of  all  orders  and  decrees  duly  cer- 
tified under  his  hand  and  seal:  Provided^  That  before  proriso. 
this  act  shall  take  efl'cct,  the  administrator  of  said  estate 
shall  make  a  full  settlement  of  his  administration  in 
the  probate  court  of  Mobile,  and  shall  file  a  new  bond 
payable  to,  and  approved  by  the  judge  of  probate  of 
Wilcox  county,  in  such  sum  as  the  said  judge  may  re- 
quire according  to  law  as  in  other  cases  of  administra- 
tion. 
Approved,  December  3, 1861. 


N0.I8G.]  AN  ACT 

To  authorize  the  sale*  and  distribution  of  the  estate  of 
James  Hamilton,  deceased. 

Section  1.  Be  it  enacted  by  the  Senate  atid  Ifouee  of 
JRepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  legal  representative  of  James  Ham- 
ilton, deceased,  late  of  Dallas  county,  be  and  he  is 
hereby  authorized  to  sell,  under  the  authority  and  by 
the  direction  of  the  probate  court  of  I^allas  county,  all 
the  property  both  real  and  personal,  belonging  to  the 
estate  of  said  decedent,  and  to  distribute  the  same,  in 
accordance  with  the  last  will  and  testament  of  the  de- 
ceased, just  as  if  the  distributees  were  all  resident  citi- 
zens of  the  Confederate  States  of  America. 

Approved,  December  6,  1861. 


1S61.  192 

No.  187.]  AN  ACT 

For  the  benefit  of  the  administrators  of  the  estate  of 
John  R.  Berry. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep^ 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,    That    Charles  T.   Abercrombie,    of  Russell 
county,  and  Thomas  Berr}',  of  Macon  county,  adminis- 
trators of  the  estate  of  John  K.  Berry,  late  of  the  county 
Administration  of  Macon,  shall  be  authorized  to  remove  the  adrainis- 
to be  removed,    ti,ation  of  Said  cstatc  from  the  probate  court  of  Macon 
county,  to  the  probate  court  of  Russell  county,  and  the 
„  probate  judsre  of  Macon  shall  make  out  a  complete 

What  Probata  *  -  ■■  •  *■ 

Judge  of  Macon  t ran spnpt  of  all  proceedings  had  in  said  court,  relating 
mustdo.  ^^  gj^-^  administration,  and  shall,  together  with  the  ori- 

ginal papers  touching  said  administration,  transmit  it 
to  the  probate  court  of  Russell  county,  and  the  said  ad- 
ministration shall  be  proceeded  with  and  continue  in 
the  last  named  county,  as  if  it  had  originally  been  com- 
ProviBo.  menced  therein:    Provided,    that  said  administration 

shall  not  be  so  changed,  until  the  consent  in  writing  of 
.  the  securities  on  the  bond  of  the  said  administrators,  to 
said  change,  shall  first  be  filed  in  the  said  court  of  pro- 
bate of  Russell  county,  and  that  the  costs  which  shall 
have  accrued  in  the  probate  court  of  Macon  county  shall 
also  be  first  paid. 

Approved,  November  9,  1861. 


No.  188.]  AN  ACT 

To  authorize  Wm.  H.  Coleman,  guardian  of  the  minor 
heirs  of  James'H.  Thompson,  deceased,  to  purchase 
lands  for  the  benefit  of  said  minors. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resenlatives  of  the  State  of  Alabama  'in  General  Assembly 
conve7ied,  That  William  H.  Coleman,  guardian  of  the 
minor  heirs  of  James  H.  Thompson,  deceased,  be,  and 
Guardian  to  in-  he  is  hereby  authorized  to  invest  any  monies  he  may 
vest  uny  moneys  ^^^  j^^|^|  ^^  guardiau  aforesaid,  in  lands  in  any  county 
of  this  ptate,  for  the  use  and  benefit  of  his  wards  afore- 
said, on  which  he  shall  be  authorized  to  work  the  slaves 


193  1861. 

belonging  to  him  as  such  guardian  ;  and  he  is  farther 
authorized  to  purchase  for  his  wards  all  necessary  mules, 
horses,  provisions,  corn,  fodder  and  plantation  utensils 
necessary  for  carrying  on  a  plantation. 

Sec.  2.  Be  it  further  enacted^  That  if  the  said  guardian  May  give  bis 
has  not  sufficient  money  on  hand  to  pay  for  the  lands  so  °o'e. 
purchased,  he  is  authorized  to  give  his  note  or  notes  as 
such  guardian,  for  the  balance  of  the  purchase  money 
due,  and  such  notes  shall  be  a  lien  on  said  lands,  and 
the  guardian  shall  not  be  liable  therefor  in  his  indi- 
vidual capacity. 

Sec.  3.  Be,  it  further  enacted,  That  this  act  shall  not  satisfactory 
go  into  effect  unless  after  satisfactory  proof  made,  the  }J[^°^j'°''"^" 
judge  of  the  probate  court  of  Sumter  county  shall  be  of 
opinion  that  it  will  be  to  the  interest  of  the  minors  to 
make  the  investment,  and  shall  order  the  same  to  be 
made,  and  shall  order  the  notes  (if  necessary)  to  be 
given  by  the  guardian  for  the  balance  of  the  purchase 
money  due. 

Approved,  December  7, 1861. 


No.  189.]  AN  ACT 

To  authorize  the  court  of  Probate  of  Madison  county 
to  grant  letters  of  administration  upon  the  estate  of 
Arthur  A.  Acklin,   late  of  Lawrence  county. 

SECTiOBr  1.  Be  it  enacted  by  the  Senate  and  Home  of 
Representatives  of  the  State  of  Alabama  in  General  Assenibbj 
convened,  That  the  court  of  probate  for  the  county  of 
Madison  have  authority  to  take  jurisdiction  of  the 
administration  of  the  estate  of  Arthur  A.  Acklin,  de- 
ceased, late  of  the  county  of  Lawrence,  to  grant  letters 
of  administration  thereon,  and  to  do  and  perform  all 
things  necessary  or  proper  to  cause  the  estate  of  said 
decedent  to  be  settled  and  distributed  in  accordance 
■with  the  laws  of  this  State,  as  full}''  and  effectually  as  if 
the  said  decedent  had  been  a  resident  citizen  of  the  said 
county  of  Madison  at  the  time  of  his  death. 

Approved,  December  4,  1861. 

13 


1661. 


194 
No.  190.]     •  AN  ACT 

In  relatiou  to  the  estate  of  Catherine  Cockburn. 


Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  State  of  Alabama  hereby  relinquishes 
b/Siat^"'''  and  grants  to  the  Methodist  Episcopal  Church,  South, 
at  Montgomery,  all  right,  title  and  interest  in  and  to 
the  estate  of  Catherine  Cockburn,  deceased,  which  now 
exists  or  might  vest  in  said  State  by  virtue  of  the  law 
regulating  escheats ;  and  the  said  church  at  Mont- 
gomery is  hereby  authorized  to  demand,  take  and 
receive  the  estate  of  the  said  Catherine  Cockburn,  sub- 
ject, however,  to  the  rights  of  any  creditor  of  said  estate, 
and  to  the  rights  of  any  person  who,  by  the  laws  of 
this  State,  may  be  entitled  to  said  estate  as  heir,  dis- 
tributee or  devisee. 

Approved,  November  29, 1861. 


Rives  and  Mar- 
tio,  guardians. 


Invest  J^  in  ne- 
groes. 


No.  191.]  AN  ACT 

To  invest  certain  trust  funds  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  William  H.  Rives,  guardian  of  Joseph 
V.  Allen,  and  Abram  Martin,  guardian  of  George  E. 
Allen,  are  each  of  them  respectively  authorized  to  in- 
vest a  portion  of  the  trust  fund  in  their  hands  belonging 
to  their  wards,  not  exceeding  one-fourth  thereof,  in  the 
purchase  of  negroes,  for  the  benefit  of  their  said  wards. 

Approved,  December  7,  1861. 


No.  192.] 


AN  ACT 


To  provide   for  holding   special  terms  of  the  circuit 
courts  in  the  10th  judicial  circuit. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  Stale  of  Alabama  in  General  Assembly 


195  1861. 

convened,  That  special  terms  of  the  circuit  courts  for,,    ... 

.,  ',  K  .  ,1        -I  r,  1     •      T    •    ,      .  .     Special  terms  al- 

the  several  counties  composing  t«e  lUth  judicial  circuit  i"^^edwitiiiii the 
of  the  State  of  Alabama,   may  be  called   at  any  time  "*"^'  "  '"*""'**• 
during  the  next  twelve  months  by  any  circuit  judge  of 
this  State,  and  at  such  special  terms  the  said  courts  shall 
have  and  exercise  the  same  authority,  and  transact  the 
same  business  as  at  regular  terms  thereof,  and  the  said 
special  terms  shall  remain  in  session  at   the  discretioii  afaucrcuon"? 
of  the  presiding  judge:  Piovided,  That  at  least  thirty J^^''^^- 
d&ys  notice  of  the  holding   of  such  special  terms  shall  N„,ice  to  be  pub- 
be  given  by  advertisement,  published  in  some  newspa-"*'''^'i'"p«pe'". 
per  in  the  county  where  the  court  is  to  be  held,  or  if 
there  be  no  newspaper  in  the  county,  then  in  such  paper 
as  may  be   designated  by   the  judge   who   orders  the 
court. 

Sec.  2.  Be  it  further  enacted.  That  when  any  such  spe-  as  to  grand  jury 
cial  terms  shall  be  ordered,  a  grand  jury  shall  be  drawn 
and  summoned  for  the  same  of  the  usual  number  and 
in  the  same  manner  as  is  provided  by  law  in  reference 
to  grand  juries  for  regular  terras. 

Approved,  November  9,  1861. 


No.  193.]  AN  ACT 

To  transfer  the  county  of  Conecuh  from  the  second 
chancery  district,  of  the  Southern  Division,  to  the 
seventh  chancery  district,  of  said  Division,  composed 
of  the  counties  of  Butler  and  Covington. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  county  of  Conecuh  be,  and  is  here- ^"J?^^^"*' ""''"''■ 
by  transferred,  from  the  second  chancery  district,  com- 
posed of  the  counties  of  Conecuh,  Monroe  and  Clarke, 
to  the  seventh  chancery  district,  composed  of  the  coun- 
ties of  Butler  and  Covington. 

Sec.  2.  Be  it  further  enacted,  That  all  causes  now  pcnd-  ^n  pendinR  c» 
iug  in  the  chancery  court  of  said  second  district,  at »"  transferred. 
Claiborne,  which  would  properly  belong  to  the  chancery 
court  of  the  county  of  Conecuh,  if  there  had  been  a 
separate  chancery  court  for  said  county,  be  and  the 
same  arc  hereby  transferred  to  the  chancery  court  of  the 
said  seventh  district,  composed  of  the  counties  of  Butler 


1861.  196 

and  Covington.   And  it  is  hereby  made  the  duty  of  the 
register  ot  the  said  second  chancery  district,  to  deliver 
to  the  register  of  the  said  seventh  chancery  district,  on 
application  for  the  same,  all  papers  belonging  to  any  of 
said  causes,  together  vvith  a  certiJ&ed  transcript  of  all  or- 
ders and  decrees  niade  in  such  causes:  Provided^  That 
this  section  shall  not  apply  to  any  causes  or  suits  which 
might  have  been  brought  in   the  counties  of  Monroe 
and  Clarke,  if  there  had  been  separate  chancery  courts 
-       for  said  counties. 
Kogietcr  for  7th       Sec.  3.  Be  it  furthe7' enacted,  That  it  shall  be  the  duty 
forpaperl^^'^'^of  the  register  in  chancery  for  the  said  seventh  district, 
to  apply  for  and  receive  from  the  register  in    chancery 
for  the  said  second  district,  all  papers  transferable  to 
his  office  under  this  act. 
y^gg  Sec.  4.  Be  it  further  enacted,  That  for  any  transcript 

required  by  this  act  to  be  made,  the  register  of  the  said 
second  district  shall  receive  the  same  fees,  as  for  a  copy 
of  bill  and  answer,  to  be  charged  as  costs  in  the  case. 
Approved,  December  9,  1861. 


No.  194.J  AK  ACT 

To  change  the  time   of  holding  the  chancery  courts  of 
the  counties  of  Sutnter,  Marengo  and  Choctaw. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama' in  General  Assembly 
convened,  That  the  terms  of  the  chancery  courts  of  the 
county  of  Sumter  shall  be  hereafter  held  on  the  Tues- 
day after  the  iirst  Monday  in  January  and  on  the  third 
Monday  in  July;  of  the  county  of  Choctaw,  on  the 
Wednesday  after  the  second  Monday  in  July,  and  of 
the  county  of  Marengo,  on  the  fourth  Monday  in  July, 
in  each  year,  instead  of  the  times  now  prescribed  by 
law. 

Approved,  December  9,  1861. 


197  18G1. 

No.  195.]  AN  ACT 

lu  relation  to  holding  the  Fall  Term,  1861,  of  the  chan- 
cery courts  in  certain  counties. 

Whereas,  but  little  or  no  business  could  be  done  by  preamble, 
holding  the  fall  term  of  the  chancery  courts  in  the  coun- 
ties of  Russell,  Chambers,  Tallapoosa,  Coosa,  Macon 
and  Autauga,  by  reason  of  parties,  witnesses  and  solici- 
tors engaged  in  many  of  the  causes  in  said  counties  be- 
ing absent  in  the  service  of  the  country — Therefore, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatwes  of  the  State  of  Alabama  in.  General  Asf^embbj 
convened,  That  the  chancellor  of  the  Middle  Chancery  nouob?beid7n 
Division  shall  not  be  required  to  hold  said  fall  term  of  •"''^'iie  aivision. 
the  chancery  courts  in  the  counties  of  Russell,  Cham- 
bers, Tallapoosa,  Coosa,  Macon  and  Autauga,  for  the 
year  1861. 

^'E.G.  1.  Be  it  farther  enacted.  That   the  chancellor   of  Not  to  be  held  in 
the  Southern  Chancery    Division  of  the  State,  be  not^*;"„'.''""  *''^'" 
required   for   the   same  reasons,  to  hold  the  chancery  , 

court  at  the  full  terra,  1861,  in  the  10th  district  of  said 
Division:  Provided,  hoivcvcr,  solicitors  of  that  court  may  proviso, 
at  any  time  hereafter,  before  the  spring  terra,  1862, 
thereof,  submit  their  causes  to  the  chancellor  for  de- 
crees, by  agreement  of  all  parties  to  those  causes  so 
submitted,  which  decrees  may  be  rendered  at  chambers, 
before  said  spring  terra,  and  entered  upon  the  records 
of  the  said  court,  according  to  the  chancellor's  written 
direction,  embraced  in  said  decrees.  The  provisions  of 
this  section  shall  extend  to  the  chancery  district,  com- 
posed of  the  counties  of  Dale  and  Ilenr}',  and  Butler, 
Barbour  and  Pike. 

Approved,  November  6,  1861. 


No.  196.]  AN  ACT 

To  authorize  L.  W.  Travvickc  to  erect  gates   across  a 
public  road  in  Butler  county. 

Sec.  1.  Be  it  enacted  hij  the  Senate  and  House  of  Bcp- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  L.  W.  Trawicke  be,  and  he  is  hereby 


1861. 


198 


Authority, 
Proviso. 


authorized,  to  erect  two  gates  across  the  public  road, 
leadins^  from  Ridgevjlle,  in  Butler  county,  to  James  R. 
Yeldell's  mill;  Provided,  however,  That  said  gates  shall 
be  so  constructed  that  they  may  be  opened  with  ease 
by  a  man  on  horseback:  And  'provided,  further,  That  if 
said  L.  W.  Trawicke  shall  at  any  time  permit  ei^^her  of 
said  gates  to  remain  for  one  day  in  such  condition  as  not 
to  be  easily  opened  b}''  a  person  on  horseback,  then  the 
privilege  conferred  by  this  act  shall  be  forthwith  re- 
scinded, and  said  Trawicke  shall  be  liable  to  be  indicted 
for  obstructing  the  public  highway.  ■ 
Approved,  December  4,  1861. 


:N'o.  197.] 


AN  ACT 


To  divide  the   County  of  Butler  into  four  commis- 
sioners'  districts. 


Shall  divide. 


One  commission' 
er  for  each  dist. 


Certain  laws 
amet-ded 


Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  county  commissioners  of 
Butler  county  shall,  at  their  May  term,  1862,  proceed 
to  lay  off  said  county  into  four  commissioners' districts, 
as  nearly  equal  in  population  as  practicable,  without 
dividing  any  election  precinct. 

Sec.  2.  Be  it  further  enacted.  That  hereafter  at  any 
election  for  county  commissioners  of  said  county,  there 
shall  be  one  commissioner  elected  for  each  of  said  dis- 
tricts, who  shall  be  a  resident  citizen  of  the  district  for 
wliich  he  is  elected,  and  who  shall  be  voted  for  only  by 
the  citizens  residing  in  that  district;  and  no  citizen  of 
said  county  shall  be  entitled  to  vote  but  for  one  com- 
missioner for  said  county,  and  the  commissioner  voted 
for  shall  be  a  citizen  of  the  district  in  which  the  person 
offering  to  vote  resides. 

Sec.  3.  Be  it  further  enacted,  That  all  laws  relating  to 
the  election  of  county  commissioners  of  Butler  county, 
coming  in  conflict  with  this,  be  so  amended  as  to  con- 
form to  the  provisions  of  this  act. 

Approved,  JS^ov.  30, 1861. 


199  1861. 

No.  198.]  AN  ACT 

To  authorize  the  Court  of  County  Commissioners  of 
"  Butler  county  to  levy  a  special  county  tax  for  the 
support  of  families  of  indigent  volunteers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  Generdl  Assembly 
convened,  That  the  court  of  county  commissioners  of 
Butler  county  are  hereby  authorized  to  levy  a  special  special  tax  of  55 
tax  in  the  said  county  of  Butler,  of  twenty-five  per  cent, 
upon  the  State  tax,  as  assessed  for  the  present  year  in  said 
county;  which  special  tax,  or  so  much  of  the  same  as 
may  be  uecessarf,  shall  be  expended  by  said  court  of  „  .  ,  ^ 
count}'  commissioners  in  the  support  or  lamiiies  or  in-pended. 
digent  volunteers,  in  the  event  that  the  portion  of  the 
special  State  tax  that  may  be  appropriated  to  said  count}', 
under  the  act  passed  at  the  recent  called  session  of  the 
legislature,  shall  be  insufficient  to  support  said  families 
as  provided  for  by  said  act:  and  any  of  said  special 
county  tax,  that  may  not  be  necessary  for  this  purpose, 
is  hereby  required  to  be  placed  in  the  county  treasury 
of  said  county,  for  county  purposes. 

Sec.  2.  Be  it  further  enacted,  That  there  shall  be  a  special  termor 
special  term  of  said  court  in  said  county,  on  the  first  ""'*'''"'''■ 
Monday  in  January  next,  for  the  purpose  of  authorizing 
the  levy  of  a  special  tax  in  the  county  of  Butler,  herein 
provided;  and  the  tax-collector  is  hereby  required  to 
collect  said  special  county  tax  at  the  same  time  that  he 
is  collecting  the  special  State  tax,  and  the  regular 
county  tax,  for  said  county,  for  the  present  year. 

Approved,  December  7,  1861. 


No.  199.]  AN  ACT 

To  authorize  the  Judge  of  Probate  of  Calhoun  county 
to  appoint  a  special  tax  collector  for  the. years  1859 
and  1860. 

"Whereas  the  tax  collector  elected  for  Calhoun  county,  p,jan^,,,e, 
ou  the  first  Monday  in  August,  1861,  left  a  largo  amount 
of  the  tuxes  assessed  against  the  citizens  of  said  county, 
for  the  years  1859  and  1860,  uncollected;  therefore 


1861. 


200 


Present  collector 
10  act. 


Bond  to  be  given 


Shall  proceed 
forthwith. 


Liability, 


To  receive  tax 
books  for  1859-60 


Not  to  interfere 
with  any  legal 
liability. 


Sureties  to  fl!e 
written  assent. 


Be  it  enacted  by  the  Senate  and  House  of  Bepresentatives 
of  the  State  of  Alabama  in  General  Assembly  convened, 
That  the  present  tax  collector  of  said  county  be,  and  he 
is  hereby  authorized  and  required  to  collect  all  such 
taxes  due  the  State  of  Alabama,  in  said  county,  for  the 
years  1859  and  1861,  not  heretofore  collected. 

Sec.  2.  Be  it  further  enacted,  That  the  judge  of  pro- 
bate shall  require  said  officer  to  give  bond,  with  securi- 
ties, in  such  amount  as  may  be  determined  on,  and  to 
be  approved  by  him. 

Sec.  3.  Be  it  further  enacted.  That  said  officer,  upon 
accepting  said  appointment  and  qualifying  as  provided, 
shall  proceed  forthwith  to  collect  all  such  taxes  of  the 
citizens  of  said  county  as  were  assessed  against  them 
for  said  years,  and  have  not  been  heretofore  collected ; 
and  for  that  purpose  he  is  hereby  invested  with  all  the 
rights  and  powers  of  tax  collectors  elected  and  qualified 
under  the  laws  of  Alabama,  and  is  liable  to  all  the  pains 
and  penalties  for  failing  to  collect  and  pay  over  said 
taxes,  that  any  other  tax  collector  is  subject  to. 

Sec.  4.  Be  it  further  enacted,  That  said  collector, 
when  appointed,  has  a  right  to  demand  and  receive  the 
tax  books  as  assessed,  made  out  and  delivered  to  the 
tax  collector  for  said  years;  and  for  his  services  he  shall 
receive  the  same  commissions  as  is  now  provided  by 
law  for  other  tax  collectors. 

Sec.  5.  Be  it  further  enacted.  That  the  provisions  of 
this  act  shall  in  no  wise  interfere  with  any  legal  liabil- 
ity which  the  said  tax  collector  of  Calhoun  county, 
whose  term  of  office  expired  on  the  first  Monday  of 
August,  1861,  and  his  securities  for  the  faithful  discharge 
of  the  duties  of  said  tax  collector,  may  have  incurred; 
and  before  this  act  shall  take  eftect,  the  sureties  of  said 
tax  collector  shall  file  with  the  Comptroller  their  writ- 
ten assent  to  the  provisions  of  this  act,  and  the  present 
tax  collector  herein  authorized  to  collect  such  taxes 
remaining  uncollected,  shall  give  bond  with  security 
for  the  faithful  discharge  of  his  duties,  as  in  other  cases 
of  tax  collectors. 

Approved,  November  11,  1861. 


201  1861. 

No.  200.]  AN  ACT 

To  make  AY.  W.  Armisted,  a  liner  between  Monroe 
and  Clarke  counties,  a  citizen  of  Clarke  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Beprcsentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  "William  W.  Armisted,  who  resides  on 
the  line  between  Monroe  and  Clarke  counties  be,  and 
he  is  hereby  declared  to  be  a  citizen  of  Clarke  county, 
and  liable  to  perform  all  the  duties,  and  is  entitled  to 
all  the  privileges  of  a  citizen  of  Clarke  county,  any  law, 
usage  or  custom  to  the  contrar}'  notwithstanding;  and 
the  county  botindary  of  said  county  of  Clarke  is  hereby 
so  far  changed  as  to  embrace  the  residence  of  the  said 
"William  W.  Armisted  within  its  limits. 

Approved,  December  6,  1861. 


No.  201.  AN  ACT 

To  authorize  the  Commissioners'  Court  of  Cherokee 
county  to  levy  a  special  tax,  in  order  to  require  each 
citizen  of  said  county  to  bear  a  just  proportion  of 
expenses  heretofore  incurred  for  volunteers,  and  the 
support  of  their  families,  according  to  the  amount  of 
his  or  her  taxable  property. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  commissioners'  court  of  Cherokee 
county  are  authorized  to  levy  a  special  tax  on  all  the^p"*c^ianas°'"^ 
taxable  property  in  said  county,  for  the  purpose  of 
equalizing  the  expenditures  made  by  the  citizens  of 
said  county  in  fitting  out  and  equipping  volunteers,  who 
have  entered  into  the  actual  service  of  the  State  of  Ala- 
bama, or  the  Confederate  States  of  America,  and  for 
the  support  of  the  families  of  such  volunteers. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  ja.igc  to  gi?* 
of  the  judge  of  probate  of  said  county  to  give  notice,  ""''"• 
for  three  weeks,  in  some  newspaper  published  in  said 
county,  or  by  posting  written  notices  at  the  places  of 
holding  justices'   courts  in  the  several  beats  of  said 
county,  making  known  the  time  when  a  special  term  of 


1861.  202 

said  court  will  be  held  at  the  court-house  in  said  county, 
for  the  purpose  of  ascertaining  the  amount  expended 
for  the  purposes  aforesaid,  and  for  levying  said  tax. 
Court  may  issue  Sec.  3.  JB 6  it  fuHher  enacted,  That  upon  satisfactory 
certificates.  proof  being  made  to  the  said  court,  they  may  issue  such 
certificate  or  certificates  to  each  individual  for  the 
amount  he  or  she  has  so  expended,  and  pursue  what- 
ever course  may  be  necessary  to  require  each  citizen  of 
said  county  to  contribute  for  the  purposes  aforesaid,  in 
proportion  to  his  or  her  taxable  property. 
Duty  of  tax  col-  Sec.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  tax  collector  of  said  county  to  collect  said  special 
tax,  as  other  count}''  taxes,  and  receive  in  pa}'^  for  said 
special  tax,  the  certified  claims  of  individuals,  under 
such -restrictions  and  limitations  as  the  said  court  may 
impose. 
Approved,  December  7,  1861. 


lector. 


No.  202.]  AN"  ACT 

Th  cause  the  Justices  of  the  Peace  in  Cofi'ee  county  to 
perform   the    duties  of  road  apportioners,  and    for 
'     other  purposes. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
Justices  to  per-  conveued,  That  from  and  after  the  passage  of  this  act,  it 
f|^onniutie3  of   shall  bc  thc  duty  of  the  several  justices  of  the  peace  in 
roa  appor  ion-  g^^j]  ^ounty  to  do  and  perform  all  the  duties  of  road 

apportioners  in  said  county. 
Constables  to  do      Sec.  2.  Aiid  be  it  further  enacted,  That  the  CQUstables 
of  the  several  beats  in  said  county  shall  do  road  service, 
iu  working  roads  as  other  hands. 
Approved,  December  10,  1861. 


No.  203.]  AN  ACT 

To   legalize  the  act  of  the  Commissioners'  Coart   of 
Coftee  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 


road  serrice. 


203  1S61. 

sentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  proceedings  of  the  commissioners' 
court  of  revenue  and  roads  of  the  county  of  Coffee,  in 
granting  to  John  G.  Cowan  tlie  right  to  establish  a 
public  ferry  across  Pea  river,  about  three  miles  from 
Geneva,  in  said  count}^  and  about  the  same  distance 
from  the  junction  of  said  river,  with  the  Choctahatehee 
river,  where  said  ferry  is  now. established,  be,  and  the 
same  are  hereby  legalized. 

Approved,  November  11,  18G1. 


No.  204.]  AN  ACT 

To  repeal  a  certain  special  road  .law  or  laws  for  the 
counties  of  Conecuh  and  Monroe. 

Skctiox  1.     He  it  enacted  by  the  Senate  and  House  of 
Hej'tresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^   That  any  and  all  laws  heretofore  enacted  by 
the  General  Assembly  of  this  State,  making  a  special  peaied. 
apportionment  of  all  hands  residing  w^ithin  one  and  a 
half  miles  to  the  former  stage  road  dividing  the  conn-    , 
ties  of  Conecuh  and   Monroe,   to  work  upon  said  road, 
be,  and  the  same  is  hereby  repealed. 

Sec.  2.  And  he  it  further  enacted,  That  so  long  as  said  commissioners' 
road  may  be  continued,  it  shall  be  the  duty  of  the  court  coui-'to  appoint 
of  county  commissioners  of  Monroe  to  appoint  overseers 
for  the  north-eastern  half,  and  of  the  court  of  county 
commissioners  of  Conecuh  county  to  appoint  the  over- 
seers for  the  south-western  half  of  said  road. 

Approved,  December  3,  1861. 


No.  205.]  AN  ACT 

To  repeal  an  Act,  entitled  an  Act  to  confer  upon  the 
Intendant  of  the  town  of  Rockford  the  powers  of 
a  justice  of  the  peace,  and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act,  (Entitled  "an  act  to  confer  upon 


1861.  204 

the  intendant  of  the  town  of  Rockford  the  powers  of 
Act  Feb.  8, 1861,  a  jiistice  of  the  peace,"  approved  February  8,  1861,  be, 
repealed.  j^j^^j  ^^iQ  samc  is  hereby  repealed,  and  any  law  or  laws 

repealed  by  the  same  are  revived. 

Sec.  2.  Be  it  further  enacted,  That  the  charter  of  the 
amen7ed:''""°town  of  Rockford,  approved  February  24,  1860,  be  so 
amended  as  to  strike  out  all  that  pertains  to  the  elec- 
tion of  an  intendant  for  said  town,  and  that  all  the 
powers  conferred  upon  the  said  intendant  by  the  said 
act  of  incorporation,  be,  and  the  same  are  hereby  con- 
ferred upon  the  justice  of  the  peace  for  said  town,  who 
shall  be  ex  officio  the  intendant  of  said  town. 

Sec.  3.  Be  it  further  enacted,  That  the  sheriff  of  the 

el'e^tion'for'^Jus-  county  of  Coosa  be  required  to  order  forthwith  an  elec- 

tiee.of  Peace,     ^j^^  f^^  g^  justicc  of  the  peace  of  said  town  of  Rockford, 

who  shall,  when  qualified,  enter  upon  the  discharge  of 

his  duties  as  justice,  together  with  those  of  intendant 

hereby  conferred :  Provided,  that  the  present  intendant 

shall  continue  to  exercise  the  functions  of  his  office 

until  such  justice  is  qualified. 

Approved,  December  7,  1861. 


1^0.  206.]  AN  ACT 

To  repeal  an  act,  entitled  "an  act  to  increase  the  pay  of 
grand  and  petit  jurors  of  Dale  county,"  approved 
January  31st,  1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep-' 
resentatives  'f  the  State  of  Alabama  in  General  Assembly 
convened.  That  an  act,  entitled  an  act  to  increase  the 
pay  of  grand  and  petit  jurors  of  Dale  county,  approv- 
ed January  31st,  1861,  be  and  the  same  is  hereby  re- 
pealed. 

Approved,  November  11,  1861. 


205  1861. 

No.  207.]  AN  ACT 

To  reduce  the  fees  of  the  county  surveyor  of  DcKalb 

county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Asscmhly 
convened,  That  the  county  surveyor  of  DeKalb  county, 
from  and  after  the  passage  of  this  act,  shall  receive  two 
dollars  per  day,  for  each  day  he  may  be  employed  in 
surveying  in  said  county,  any  law  to  the  contrary  not- 
withstanding. 

Approved,  November  9,  1861. 


No.  208.]  AN  ACT 


To  cause  a  registration  of  outstanding  claims  against 
the  counties  of  DeKalb  and  Covinc-ton. 


'O" 


Sec.  1.  Be  it  enacted  by  the  Senate  and  JToicse  of  Repre- 
sentatives of  the  State  of  Alabama  vi  General  Assembly 
convened,  That  all  persons  holding  claims  against  the 
county  of  DeKalb,  which  were  made  previous  to  the  ^?jj||^[|^^°\^^ 
year  1856,  be  and  they  are  hereby  required  to  present 
the  same  to  the  county  treasurer  of  said  county  for 
registration,  within  twelve  months  from  the  passage  of 
this  act,  or  upon  failure  to  do  so,  their  claims  to  be 
barred. 

Sec.  2.  Be  it  further  enacfed.  That  the  provisions  of  Prorisions  ex- 
this  act  be,  and  are  hereby  extended  and  made  applica-  ington.''*^''*' 
ble  to  Covington  county,  and  to  all  claims  against  that 
county  existing  before  1st  of  January,  1858. 

Approved,  i)ecember  6,  1861. 


JSo.  209.]  AN  ACT 

Amendatory  of  an  act  requiring  certain  duties  of  jus- 
tices of  the  peace,  in  the  county  of  Fayette,  approv- 
ed 2d  February,  1858. 

Sec.  1.  Be  it  enacted  by  the  Sevftite  and  House  of  Reprc- 


1861.  -^^^^^^       200 

sentatives  of  the  State  of  Alabama  in  General  Assembly 
8cc.  3  emttiiiedi.  convened^  That  section  three  of  an  act,  entitled  an  act 
requiring  certain  duties  of  justices  of  the  peace,  in  the 
county  of  Fayette,  approved  2nd  February,  1858,  be  so 
amended  as  to  leave  it  optionary  with  the  overseers 
therein  named,  whether  or  not  they  will  set  off  to  any 
hand  his  portion  of  the  road  as  therein  expressed ;  that 
if  any  overseer  shall  consider  any  person  applying  for 
his  portion  of  a  road  to  be  set  off  to  him  as  provided 
in  said  act,  who  in  his  judgment  is  not  responsible  and 
able  to  pay  any  fine  that  might  accrue  by  default,  then 
such  overseer  shall  not  be  compelled  to  set  off  his  por- 
tion of  said  road. 
Approved,  Kovember  9,  1861. 


Np.  210.]  AK  ACT 

To  repeal  all  laws  or  parts  of  laws  contravening  section 
776  of  the  Code  of  Alabama,  so  far  as  the  county  of 
Franklin  ia  concerned. 

Seo.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  laws  or  parts  of  laws  contravening  sec- 
tion 776  of  the  Code  of  Alabama,  be  and  the  same  is 
hereby  repealed,  so  far  as  the  county  of  Franklin  is 
concerned. 

Ap'proved,  November  22,  1861. 


Ko.  211.]  AK  ACT 

To  repeal  sections  one  and  three  of. "  an  act  to  regu- 
late the  pay  of  grand  and  petit  jurors  in  certain 
counties,  the  pay  of  jurors  in  the  probate  courts  of 
the  State,  and  to  provide  for  the  prompt  payment  of 
BUch  jurors,"  approved  February  6th,  1860,  so  far  as 
said  sections  relate  to  the  county  of  Franklin. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State_  of  Alabama  in  General  Assembly 
convened)  That  sections  1  and  3  of  "  an  act  to  regulate 


207  1861. 

the  pay  of  grand  and  petit  jurors  in  certain  counties, 
the  pay  of  jurors  in  the  probate  courts  of  the  State, 
and  to  provide  for  the  prompt  payment  of  such  jurors," 
approved  February  6th,  1800,  be  and  the  same  are  here* 
by  repealed,  so  far  as  said  sections  relate  to  the  county 
of  Franklin. 
Approved,  November  11,  1861. 


Ko.  212.]  AN  ACT 

To  enable  the  court  of  county  commissioners  of  Greene, 
Autauga,  and  Sumter  counties,  to  appoint  overseers 
and  apportioners  of  public  roads  in  said  counties, 
over  the  age  of  eighteen  and  under  the  age  of  sixty. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre' 
8entative8  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  county  commissioners  of 
Greene  county,  Autauga  county,  and  Sumter  county, 
are  hereby  authorized  and  empowered  to  appoint  all 
male  persons  over  the  age  of  eighteen  years  and  under 
the  ago  of.  sixty,  in  their  counties,  overseers  and  appor- 
tioners for  public  roads  in  said  counties,  except  as  are 
exempted  by  section  1140  of  the  Code :  Providxd,  this 
act  shall  be  in  force  for,  and  only  during  the  present 
war,  and  twelve  months  thereafter. 

Approved,  December  7,  1861. 


No.  213.]  AN  ACT 

To  repeal  an  act  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  IteprC" 
sentativrs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act,  entitled  an  act  to  change  the 
boundary  line  between  the  counties  of  Jefferson  aiid 
Shelby,  approved  February  8th,  1861,  be  and  the  same 
is  hereby  repealed. 

Approved,  November  11,  1801. 


1661.  208 

"  No.  214.]  AN  ACT 

To  regulate  the  pay  of  the  merahers  of  the   court   of 
county  commissioners  of  Lawrence  county. 

Sec.  1.  Be  it  enacted  hythe  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  the  members  of  the  court  of 
county  commissioners  of  Lawrence  county,  shall  receive 
for  each  day's  service  in  holding  such,  the  sum  of 
three  dollars  per  day  each,  any  law  to  the  contrary  "not- 
withstanding. 

Approved,  December  3,  1861. 


No.  215.]  AK  ACT 

To  repeal  an  act  therein  named. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act,  approved  February  24th,  1860, 
entitled  an  act  to  regulate  the  working  of  a  certain . 
road  in  Madison  county,  be  and  the  same  is  hereby  re- 
pealed. 

Approved,  December  10, 1861. 


No.  216.]  AN  ACT 

To  repeal  an  act  to  compel  the  court  of  county  com- 
missioners of  Marshall  county,  to  levy  a  special  tax 
for  the  purpose  of  paying  the  grand  and  petit  jurors. 

Sec.  9.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
corivened,  That  an  act,  entitled  "an  act  to  compel  the 
court  of  county  commissioners  of  Marshall  county,  to 
levy  a  special  tax  for  the  purpose  of  paying  the  grand 
and  petit  jurors,"  approved  February  8th,  1858,  be  and 
the  same  is  hereby  repealed. 

Approved,  December  3,  1861. 


209  1861. 

No.  217.]  AN  ACT 

To  amend  section  796  of  the  Code  of  the  State  of  Ala- 
bama, to  apply  to  the  county  of  Marion. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  of  liep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
any  person  or  persons,  notified  by  the  judge  of  probate 
of  Marion  county,  to  meet  at  the  county   site  of  said  •'<'""'*>■.'■"'•  f"'!- 

-^ '.  -Ill  1  1      "re  to  attend  to 

countN'',  as  a  committee  to  examine  the  books  and  vouch-  examine  books, 

,    ,j  ,        ,  'c  ifcc,  of  countF 

ers  or  the  county  treasurer;  if  any  person  or  persons,  trcMurer. 
after  being  notified,  should  fail  to  attend  and  perform 
the  duties  assigned  him  or  them,  each  defaulter  shall 
forfeit  twenty  dollars  to  the  use  of  the  county  :  Provided^ 
the  judge  of  the  probate  court  shall  hear  all  reasonable 
excuses,  within  thirty  days  after  such  default ;  if  no  such 
excuse  is  heard,  the  judge  of  probate  shall  issue  execu- 
tion against  all  defaulters  for  said  forfeit,  and  the  officer 
collecting  the  same,  shall  pay  it  over  to   the  county  I 

treasurer. 

Sec.  2.  Be  it  further  enacted,  That  any  person,  who  co^,p„„_,5ioa 
may  serve  on  such  committee,  shall  receive  two  dollars 
per  day  for  each  day  he  ma}'^  be  necessarily  engaged  in 
such  service,  to  be  paid  out  of  any  moneys  in  the  coun- 
ty treasury  not  otherwise  appropinated. 

Approved,  November  30,  1861. 


No.  218.]  •  AN  ACT 

To  amend  the  law   in  relation  to  public  roads,  in  the 
county  of  Marengo. 

Sec.  1,  Be  it  enacted  by  the  Senate  and  House  of  Bepre- 
senialives  of  ike  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  county  commissioners  for 
the  county  of  Marengo,  or  the  judge  of  probate  for  said  point""'"  '° "''" 
county  in  vacation,  be  and  tlie  same  are  hereby  author- 
ized to  appoint  any  person  in  said  county,  who  consents 
to  accept  such  appointment,  overseer  over  any  portion 
of  the  public  roads  in  said  county,  for  a  term  not  ex- 
ceeding ten  years,  and  assign  to  such  person  his  or  her 
14 


1861.  210 

hands  to  work  said  road  for  and  daring  such  term  t  .Pro-> 
Proviso.  vided,  That  such  appointment  may  be  revoked  by  said 

court  or  judge  as  soon  as  such  overseer   ceases  to  be  a 
resident  of  the  precincts  in  whicli  such  road  is  located. 
Liabiiit  of  over-      ^^^'  ^*  "^^  ^'^  fuvther  cjiacted,  That  such  overseer  shall 
seer.  be  liable  and  subject  to  perform  all  of  the  duties  now 

required  of  overseers  of  public  roads  by  subdivisions  3, 4, 
5  and  6,  of  section  1159  of  the  Code,  and  he   or   she 
shall  have  the   same   powers  as  are  now  conferred  on  ' 
overseers  of  public  roads  by  sections  1162  and  1163  of 
the  Code  ;  and  said  subdivisions  3, 4,  5  and  6  of  said  sec- 
tion 1159,  and  said  sections  1162  and  1163,  are  hereby 
made  applicable  to  all  overseers  appointed  and  portions 
of  roads  assigned  to  them,  under  the  provisions  of  this 
act. 
Number  of  days.      Sec.  3.  Be  it  fui'tJwr  euacted,   That    such   overseer 
roadstobework- shall  be  required  to  work  such  roads   with  the  hands 
aforesaid,  ten  days  in  the  year,  if  such  number  of  days 
work  is  necessary  to  keep  the  same  in  good  repair. 
Overseer  guilty       ^EC.  4.  Be  it  further  enacted,  That    if  any    overseer 
of  misdemeanor  under  tliis  act,  pcmiit  a  fallen  tree,  dead  animal,  or  any 
other  obstruction  to  travel,  to  remain  in  or  across  any 
part  of  the  said  road,  for  three  days  after  notice  thereof, 
or  allows  his  said  road  to  be  out  of  repairs  for  more  than 
ten  days  at  one  time,  without  a  good  excuse  to  be  de- 
termined    by   the  court,   he  or  she  shall  be  guilty  of  a 
misdemeanor. 
Section  1182  of        S^c.  5.  Be  it  further  enacted ,    That  section  1182   of 
Code  applicable,  j^t^q  Codc,  is  hereby  made   applicable  to   all   overseers 

under  this  act. 
Overseers  and        Sec.  6.  Be  U  further  euacted,  That  8U(?h  overseers  and 
hands  exempt.    i\^q\y  hauds   are   hereby   exempt  from    apportionment 
under  the  laws  of  this  State,  for  and   during  the  term 
of  their  appointment,  or  so  long  as  they  continue  to  act 
under  the  same. 
Section  1176  of       ^^^-  '^ '  Bc  it  fuvthev  enucted,  That  section  1176  of  the 
Code  applicable.  Codc,  is  hereby  made  applicable  to  all  roads  over  which 
overseers  are  apportioned  under  this  act. 
Approved,  December  9,  1861, 


211  ISGl. 

No.  i^lO.  AN  ACT 

To  aid  in  the  Harbor  Defences  of  Mobile. 

Section  1.     Be  Ht  enacted  by  the  Senate  and  House  of 

.Representatives  of  the  State  of  Alabama  in  General  Assembly 

convened.  That  the  sum  of  one  hundred  and  fifty  thou-^,, 

,   1  ,,  1   ii         r  1  *i.')0,ooo  appro- 

sand  dollars,  or  so  much  thereot  as  may  be  necessary  priated. 

for  the  purpose,  be,  and  the  same  is  hereby  appropri- 
ated, out  of  any  money  in  the  treasur}^  of  the  State,  to 
be  applied  to  the  construction  of  an  iron  clad  gunboat 
and  ram  for  the  defence  of  the  bay  and  harbor  of  Mobile. 

Sec.  2.   Be  it  farther  enacted,  That  L.  J.  Fleming,  P,  commissioners. 
J.  Pillans,  Peter  Hamilton  and  Duke  W.  Goodman, 
of  Mobile,  and  Lieut.  James  D.  Johnson,  of  the  C.  S. 
Navy,  now  stationed  at  Mobile,  or  his  successor  at  that 
station,  be,  and  are  hereby  appointed  commissioners  to 
undertake,  manage  and  superintend  the  construction 
of  said   vessel;  and   the   money  hereby   appropriated^    ^^  .   . 
shall  be  paid  out  ot  the  said  treasury  on  the  checks,  or  blliauun'their 
drafts,  of  the  said  commissioners,  or  such  one  or  more ''""■''"''*■ 
of  them  as  said  commissioners  by  their  writing,   ad- 
dressed to  the  Treasurer  of  tlie  State,  shall  appoint  and 
depute  for  that  purpose ;  and  may  be  drawn  for  by 
said  commissioners,  by  drafts  or  checks  on  the  Trcasu-  °'''^'  *^'"*'^"" 
rer,  from  time  to  time,  in  such  amount  as  may  be  needed 
in  the  purchase  of  materials  for  said  gunboat  and  ram,  pog^^^'''"'  p'"' 
and  for  the  payment  for  work  and  labor  thereon,  as  the 
work  may  progress,  and  the  contract  for  such  work  and 
labor  may   mature  and  become  due  and  payable :  Pro- 
vided, that,  in  the  event  of  a  vacancy  in  said  board  of 
commissioners  by  the  non-acceptance,  death,  or  resig- 
nation of  either  of  said  commissioners,  the  Governor 
shall  have  the  right,  and  it  is  hereby  made  his  dut}",  to 
fill  such  vacancy. 

Sec.  3.  Beit  farther  enacted.  That  the  said  com  mis- commissioners 
sioners,  or  such  of  them  as  ma}'^  accept  this  commission,  Bnce. 
shall,  before  receiving  an}^  of  said  money,  in  writing 
signify  their  acceptance  of  this  trust  to  the  Comptroller 
of  this  State,  and  shall  pledge  their  honor  faithfully  to 
apply  the  money  so  entrusted  to  them,  and  furnish  Fumish  voucii- 
vouchers  therefor,  to  be  deposited  with  said  Comptroller,  *"* 
in  order  to  be  used  to  obtain  re-imbursement  from  the 
Confederate  government. 

Sec.  4.  Be  tt  further  enadedy  That  said  coinmissiou- 


1861. 


212 


Shall  proceed  at 
once. 


May  procure  a 
vessel  alreaJy 
built. 


Duty  as  to  the 
construction  of 
the  ram. 


Must  meet  ap- 
proval of  C,  S. 
oCBcer. 


Discretion  of  the 
commissioners. 


ers,  so  complying  with  the  provisions  hereof,  shall  at 
once  proceed  to  build,  construct  and  fit  out  a  boat  to 
be  propelled  by  steam,  and  able  to  carry  not  less 
than  two  guns  of  the  calibre  not  less  than  sixty-eight 
pounds  of  solid  shot;  said  boat  shall  also  be  coated 
with  iron,  to  aiford  protection  against  enemy's  shot, 
and  shall  be  armed  with  an  iron  prow  or  ram,  to  ena- 
ble it  to  crush  in  the  side  of  any  opposing  vessel  against 
which  it  maybe  thrust;  said  vessel  shall  be  constructed 
of  such  dimensions  as  to  be  ablf^  to  float  in  water  of  the 
depth  of  seven  feet,  with  the  ai^mament  above  named. 

Sec.  5.  Be  it  further  enacted,  That  if  said  commission- 
ers be  able  to  procure,  on  reasonable  terras,  a  vessel  al- 
ready built,  capable  of  being  converted  into  a  ram,  and 
armed  so  as  to  be  efficient  for  the  purpose  herein  pro- 
posed, then  said  commissioners  arejiereby  authorized 
to  purchase  such  vessel  and  convert  it  into  a  gunboat 
and  ram ;  but  in  that  case,  said  commissioners  may 
limit  the  armament  of  said  boat  to  one  gun,  of  calibre 
not  less  than  a  32-pound  rifled  cannon. 

Sec.  6.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  said  commissioners,  in  discharging  the  duty  hereby 
imposed  on  them,  to  have  constantly  in  view  the  fitting 
out  and  equipping  of  a  vessel  that  will  be  efiicient  as  a 
ram,  and  with  suitable  battery  for  shell  and  shot,  in  all 
the  waters  of  the  bay  of  Mobile  where  an  enemy's  ves- 
sel can  penetrate,  for  the  purpose  of  either  attacking 
fortifications  or  batteries,  or  throwing  shells  upon  land, 
or  for  the  purpose  of  landing  troops,  so  as  to  defeat,  as 
far  as  practicable,  any  attempt  on  the  part  of  the  enemy 
to  make  any  lodgment  in  any  part  of  the  bay  of  Mobile; 
and  said  structure  shall  be  so  made  as  to  meet  the  ap- 
proval of  the  oflicer  of  the  Coniederate  States  navy  \vf 
command  of  the  naval  defences  in  and  about  the  bay  of 
Mobile,  both  as  to  strength,  buoyancy  and  efficient 
power.  -  , 

Sec.  7.  Be  it  further  enacted,  That  said  commissioners 
are  hereby  authorized  to  proceed  in  the  construction 
and  fitting  out  of  said  vessel,  either  by  contract  with 
ship-builders,  or  by  hiring  workmen  and  mechanics, 
and  building  or  fitting  out,  under  the  superintendence 
of  competent  master  ship  carpenters,  as  they  see  fit ; 
but  in  all  cases  where  they  proceed  by  contract,  in 
whole  or  in  part,  said  commissioners  shall  require  bond 
and  sufficient  security  of  said  contractors  for  the  faith- 


213  1861. 

ful  and  speedy  performance  of  all  the  stipulations 
entered  into  by  them.  In  exercising  the  discretion 
hereby  conlided  to  them,  said  commissioners  shall  have 
in  view  the  speedy  construction  and  fitting  out  of  said 
vessel,  and  also  the  faithful  and  perfect  construction  of 
the  said  vessel,  so  as  to  be  in  all  respects,  so  far  as  prac- 
ticable, fitted  for  riinning  into  and  destruction  of  the  ene- 
my's vessels,  where  she  can  be  brought  into  close  quar- 
ters, and  also  for  destruction  by  heav}'-  arms,  where  an 
engagement  can  be  entered  into  only  at  a  distance. 

Sec.  8.  Be  it  furtlter  enacted,  That  said  commission- pared  and^fiued 
ers  are  hereby  directed  to  have  said  vessel  prepared  and 
fitted  either  at  the  city  of  Mobile,  or  at  any  point  in 
the  waters  connected  with  the  bay  of  Mobile,  where  the 
same  can  be  most  conveniently,  safely,  speedily  and 
economically  fitted  out  and  prepared. 

Approved,  jS'ovember  9,  1861. 


out. 


^0.  220.]  AN  ACT 

To  amend"  "An  Act  to  aid  in  the  defenses  of  Mobile," 
approved  Nov.  9,  1861. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  act  approved  Nov.  9th,  1861,  be.  and 
the  same  is  so  amended  as  to  authcn-ize  the  Governor  to  Appropriation 
issue  orders  from  time  to  time  for  the  appropriation  of  p=!>,"t''<"""' of 
$150,000  therein  made,  directing  the  Auditor  of  the'""'"^'' 
Treasury,  or  Comptroller  of  Public  Accounts,  to  draw 
his  warrants  on  the  treasury  therefor,  payable  out  of 
either  of  the  funds  appropriated  for  the  military  defense 
of  the  State,  b}-  an  act,  entitled  "An  Act  making  ap- 
propriations for  the  military  defense  of  the  State," 
approved  Feb.  6, 1861 ;  and  that  the  Auditor's  or  Comp- 
troller's warrants,  drawn  in  pursuance  of  such  orders, 
shall  be  paid  by  the  Treasurer  out  of  the  funds  appro- 
priated by  the  said  last  mentioned  act,  anything  in 
either  of  said  acts  to  the  contrary  notwithstanding. 

Approved,  December  7,  1861. 


1861. 


214 


1^0.  221.] 


AN  ACT 


To  amend  an  Act,  entitled  an  Act  for  the  improve- 
ment of  the  Bay  and  Harbor  of  Mobile. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  action  of.the  court  of  commigsioners 
of  revenue  for  Mobile  county,  in  making  the  assess- 
ment, under  the  fifth  section  of  said  act,  and '  direct- 
ing the  tax  collector  of  Mobile  county  to  refrain  from 
the  collection  of  said  assessment,  until  ordered  by  said 
court,  be,  and  the  same  are  hereby  approved  and  le- 
galized. 

Sec.  2.  Be  it  further  enacted,  That  the  said  court  of 
commissioners  of  revenue  be,  and  are  hereby  required 
to  postpone  the  collection  of  the  said  assessment  and 
tax  until  twelve  montlis  after  the  end  of  the  war. 

Sec.  3.  Be  it  further  enacted,  That  the  suspension  of 
said  tax  shall  not  be  the  cause  of  any  forfeiture  of  the 
relinquishments,  donations,  authority  or  powers  granted 
by  the  State  of  Alabama  in  said  act,  for  the  improve- 
ment of  the  bay  and  harbor  of  Mobile,  but  all  of  said 
forfeitures  are  hereby  barred. 
Moneys,  where  to  Sec.  4.  Be  it  further  enacted,  That  all  moneys  col- 
be  deposited,  lectcd  for  Said  harbor  fund  shall  be  deposited  in  the 
Bank  of  Mobile:  Provided,  the  said  bank  shall  pay  in- 
terest thereon  at  the  rate  of  four  per  cent,  per  annum. 

Approved,  IsTovember  11,  1861. 


Action  of  com- 
missioners' court 
approved. 


Tax  postponed. 


Said  suspension 
no  forfeiture.  «&c. 


Proviso. 


No.  222.] 


AN  ACT 


To  provide  for  the  manufacture  of  certain  arms  for 

Mobile. 


Preamble. 


Whereas  there  is  a  threatened  invasion  of  our  State 
by  those  endeavoring  to  subjugate  us;  and  whereas 
there  is  a  great  scarcity  of  arms,  and  the  public  safety 
requires  weapons  to  be  placed  in  the  hands  of  our  mili- 
tary, therefore 

Sec  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  sum  of  six  thousand  dollars  be  and 


215  1861. 

is  hereby  appropriated  out  of  any  uuappropriated  money  ^^^^^^  appropna- 
in  the  treasurj^  to  purchase  one  thousand  Bowie-knife-  te^. 
shaped  pikes,  and  one  thousand  Bowie  knives  for  the  The  purpose  and 
use  of  the  48th  regiment  Alabama  militia:  Pmmt^ec?,  Proviso '"'"^ 
that  only  so  much  of  this  appropriation  shall  be  used  as 
may  be  necessary  to  pay  the  actual  cost  of  the  manu- 
facture of  such  arms. 

Sec.  2.  Be  it  further  enacted,  <fe.,  That  the  said  sum  of  to  whom  to  be 
money  shall  be  ^^aid  to  Alexander  McKinstry,  upon  the  i''"''^- 
warrant  of  the  Governor,  on  his  giving  bond  with  suffi- 
cient security  in  double  the  amount,  to  be  approved  by 
the-Govcrnor,  for  the  application  of  the  same  according 
to  the  provisions  of  this  act. 

Sec.  3.  Be  it  further  enacted,  rfc,  That  to  fully  complete  to  complete  the 
the  numbers  of  the  said  48th  regiment,   any  person  '"''g'"'^'"'- 
residing  out  of  the  said  regiment  may  enrol  his  name  in 
any  of  the  companies  thereof,  and  shall  thereupon  be 
subject  to  military  duty  as  a  member  of  said  regiment, 
and  in  no  other. 

Sec.  4.  Be  it  further  enacted,  c^-c,  That  any  volunteer  Any  volunteer 
companies  in  the  county  of  Mobile  may  be  attached  to  taeheth''^ 
said  regiment,  on  their  application  for  such  purpose  to, 
and  with  the  approval  of  the  colonel. 

Sec.  5.  Be  it  further  enacted,  do..  That  upon  the  ter- The  property  of 

r-  j^i  •    j^-  .1  •  1  the  State  after 

mination  of  the  existing  war,  the  said  arms  or  weapons  the  war. 
shall  be  delivered  to  the  Governor  of  Alabama,  for  the 
use  of  the  State. 

Sec.  0.  Be  it  further  enacted,  dc,  That  the  Governor  simuar  arms  for 
of  this  State  be,  and  he  is  hereby  authorized  to  caiuse  meniVbanaUon 
arms  of  a  similar  kind,  with  such  improvements  as  he 
may  direct,  to  be  manufixctured  for  any  other  regiment 
or  battalion  of  militia,  or  other  troops  organized  in  con- 
formity to  the  laws  of  This  State,  whenever  he  may 
deem  it  advisable,  and  to  draw  his  warrant  upon  the 
treasury  of  the  State. 

Approved,  November  27, 1861. 


No.  223.]  AN  ACT 

To  amend  the  Militia  laws  in  the  city  of  Mobile. 

Sec.  1.  Be  it  eiiacted  t>}/  the  Senate  and  House  of  Jiepre- 
aen'atives  of  the   State  of  Alabama  in  General  Assernbbj 


1861.  •  216 


sions  by  remor- 


offlcers  not  to  ooiiveued,  That  commissioned  officers  of  the  regiments, 
lose  commis-  in  the  citv  of  Mobilc,  holding;  commissions  therein, 
shall  not  lose  their  commissions  by  removing,  or  hav- 
ing removed  to  any  other  part  of  the  city,  but  shall  not 
be  eligible  to  an  election  in  any  beat,  battalion  or  regi- 
ment, not  being  the  beat,  battalion  or  regiment  of  his 
residence,  to  wit :  he  shall  be  a  resident  of  the  beat,  bat- 
talion or  regiment  he  desires  to  be  elected  in. 

Sec.  2.  Be  it  further  enacted,   That^whenever  any  of 
b^give^nr"    ""  the  militia  are  called  out  under  chapter  xii.  sections  1 
and  2,  they  may  be  called  on  immediately,  .and  orders 
published  in  any  one  of  the'city  papers,  or  personal  no- 
tice, shall  either  be  sufficient  notice. 
Approved,  Novem-ber  11,  1861. 


How  notice  may 


No.  224.]  AN  ACT 

To  protect  the  elective  franchise  in  Municipal  elections 
in  the  City  of  Mobile. 

Sec.  1 .  He  it  enacted  hy  the  Senate  and  House  of  JRej^e- 
sentatives  of  the   State  of  Alabama  in  Genercd  Assembly 
convened,  That  in  all  municipal  elections  by  the  people 
Registration  of  to  bc  held  in  the  city  of  Mobile,  the  names  of  the  elec- 
iiand.      ^.  ^  tors,  bcforc  being  admitted  to  vote,  shall  have  been 
registered  at  least  ten  days  before  the  day  of  election. 
Sec.  2.  And  be  it  further  enacted.  That  three  commis- 
sionersto  open  sloucrs  shall  bc  appointed  by  the  judge  of  the  cit}'  court 
a  register.        ^£  Mobilc ;  that  they,  or  a  majority  of  them,  shall  open 
a  register  of  voters,  and  shall  sit  at  the  court  house 
of  Mobile  county  during  ten  days,  from  9  o'clock,  A.  M. 
•  till  3  o'clock,  p.  M.,  on  each  day,  to  receive  applications 

for  registry;  that  they  shall  give  public  notice  by  pub- 
lication in  newspapers  of  the  time  when  they  will  com- 
mence their  sittings,  and  of  the  day  when  it  shall  end. 
Names  to  be  en-  Sec.  3.  And  bc  it  further  cnactcd,  That  said  commis- 
amination"^ "'''  sioucrs  shall  cousider  of  all  applications  for  registry,  and 
if  fully  satisfied  that  the  applicant  is  entitled  and  duly 
qualified  in  all  respects  to  vote  at  the  proposed  election, 
shall  enter  his  name  in  full  as  a  voter  in  their  register, 
with  name,  sirname  and  middle  name,  if  any,  with  the 
ward  of  his  residence,  and  cause  the  applicant  to  sign 
the  same  with  his  name  or  mark;  and  said  commission- 


217  1861. 

ers  shall  have  p^ower  to  examine  the  applicant  on  oath  as 
to  his  qualifications,  and  also  all  others,  and  to  examine 
all  evidence  they  may  deem  necessary  to  ascertain  the 
truth. 

Sec.  4.  And  he  it  further  enacted,  That  said  com  mis-  Register  to  be 
sioners  shall  return  said  register  ten  days  before  the  fet^^med  :o  day* 
proposed  election,  to  the  clerk  of  the  city  of  Mobile  for 
preservation,  where  it  shall  be  kept  for  public  inspec- 
tion ;  and  the  said  commissioners  shall  cause  an  alpha- 
betical list  of  the  names  of  all  voters  admitted  to  vote 
in  each  of  the  wards  respectively,  and  return  the  same 
with  the  register;  and  the  clerk  of  the  city  shall  cause 
such  lists  to  be  delivered  to  the  inspectors  of  each  ward 
respectively  on  the  day  of  election,  for  their  government. 

Sec.  5.  And  he  it  further  enacted,  That  each  elector  Electors  to  vote 
shall  vote  in  the  proper  ward  of  his  residence,  and  the  ive'wards^*^^*^'" 
inspectors  shall  admit  to  vote  those  only  whose  names 
are  found  on  their  respective  lists ;  and  the  right  of  the 
voter  so  registered,  shall  not  be  questioned,  except  that 
the  inspectors  shall  be  satisfied  as  to  the  identity  of  the 
voter  with  the  name  registered ;  and  when  the  vote  is 
given,  the  name  shall  be  struck  ofi:'  in  the  list. 

Sec.  6.  And  he  it  further,  enacted,  That  said  commis-  Appointment  of 
sioners  shall  be  appointed  at  least  thirty  days  before  the  '=''"«"»^^'«'>«"- 
proposed  election  ;  that  their  sessions  shall  commence 
not  less  than  twentj'-five  days  before  the  election ;  that 
they  shall  be  duly  sworn  faithfully  to  discharge  the  du- 
ties of  their  ofiice,  and  may  appoint  a  clerk  to  aid  them 
in  the  discharge  of  their  duties,  who  shall  be  sworn  in 
like  manner;  and  the  said  judge  of  the  city  court  shall 
fill  all  vacancies  in  the  ofiice  of  commissioner. 

Sec.  7.  And  he  it  further  enacted,  That  in  case  of  the  ab-'TudRe  of  probate 

^   .,  r>  i  1        •      1  r?  J.1  -i.  1.  i  •     J.  !o  iippoinl  if  the 

sence  or  liiilure  of  the  judge  or  the  city  court  to  appoint  judge «f  the  city 
said  commissioners,  Ihey  shall  be  appointed  by  the '^°"''"^^"'' 
judge  of  the  probate  court  of  Mobile  county,  and  in  case 
of  his  failure,  then  by  the  mayor  or  acting  mayor  of 
the  city  of  Mobile ;  and  if  from  any  cause  the  registry 
shall  not  be  had  in  proper  time,  then  the  mayor  of 
Mobile  shall  postpone  the  proposed  election  till  a  day 
ten  days  after  the  registry  shall  be  completed,  not  longer, 
however,  than  sixty  days,  if  practicable. 

Sec.  7.  And  be  it  further  enacted.  That  the  said  commis-  compensation  of 
sioners  and  clerks  shall  be  entitled  to  receive  for  their  ^"■^"^",|f;^""^" 
services  compensation  at  the  rate  of  tlirce  dollars  each 
per  day,  while  actually  engaged  in  their  duties,  to  be  paid 


1861-  218 

Penalty  for  mai-  ^^^  ^^  ^^^  ^^^J  treasury ;  aud  in  case  of  malfeasance  or 

feasance  or  non-  non-fcasance  in  the  discharge  of  the  duties  of  their  office, 

easance.  respectively,  shall  be  subject  to  indictment  and  to  fine 

arid  imprisonment,  at  the  discretion  of  the  jury  trying 

the  same,  not  to  exceed  six  months  imprisonment,  and 

one  thousand  dollars  fine ;  and  all  persons  convicted  of 

Penalty  for  false  .  piiii-  -i  ••  ii? 

swearing.  swcariug  lalscly  before  said  commissioners,  or  betore 
the  inspectors  of  election  in  relation  to  the  qualifica- 
tion to  vote,  or  identity  of  the  voter,  shall  be  guilty  of 
IDcrjury  aud  punished  accordingly ;  and  all  persons  caus- 
ing their  names  to  be  registered  as  lawful  voters,  knovs^- 
ing  that  they  have  not  the  qualifications  pretended,  shall 
be  subject  to  all  the  penalties  which  now  or  may  then 
exist,  or  be  in  force  for  falsely  voting  at  elections. 
Mayor  may  post-  Sec.  9.  And  be  U  further  eiiacted,  That  in  order  to  carry 
tion! "^"^^  ^'^*^'  ^^^^^  law  into  effect  at  the  next  municipal  election,  if 
need  be,  the  mayor  of  Mobile  shall  by  proclamation 
postpone  such  election  till  a  day  to  be  named  by  him, 
as  early  as  practicable,  when  said  registry  shall  have 
been  completed,  and  returned  ten  days- before  such  pro- 
posed election. 

Approved,  December  5,  1861. 


No.  225.]  AN  ACT 

To  suspend  in  part  an  act,  entitled  an  act  the  more  ef- 
fectually to  secure  rents  in  the  city  of  Mobile,  ap- 
proved 30th  January,  1840. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep. 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
the  more  effectually  to  secure  the  collection  of  rents 
in  the  city  of  Mobile,  approved  January  30th,  1840, 
be  and  the  same  is  hereby  suspended,  so  far  as  to 
exempt  from  seizure  and  sale  as  much  household  and 
kitchen  furniture,  as  is  now  exempt  from  levy  and  sale 
by  the  general  law  of  the  State. 

Approved,  December  7,  1861. 


*  219  1861. 

No.  226.]  AN"  ACT 

To  amend  an  act  regulating  the  time  for  holding  court 
in  Mobile,  to  hear  and  determine  cases  in  admiralt3\ 

Section  1.  He  it  enacted  by  the  Senate  and  House  of 
Ile2)resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  fourth  section  of  an  act,  entitled  an 
act  to  repeal  an  act  therein  named,  regulating  the  circuit 
and  city  courts  of  Mobile  count}-,  approved  February  5th, 
1858,  be  so  amended  as  to  read,  that  the  first  Monday 
in  each  month  shall  be  return  days  for  complaints  filed 
in  the  city  court,  under  section  2693  of  the  Code,  in 
cases  of  admiralty,  and  the  third  Monday  in  each  month 
shall  be  return  days  for  like  complaints  filed  in  the 
circuit  court  of  Mobile  county,  and  the  judges  of  said 
courts  respectively,  shall  hold  court  on  such  days  for 
the  hearing  and  adjuvlication  thereof,  and  may  adjourn 
from  day  to  day,  if  necessar3\ 

Approved,  November  9,  1861. 


No.  227.]  AN  ACT 

To  reduce  and  define  the  fees  of  notaries  public,  for  the 
protest  of  notes,  bills  of  exchange,  or  other  paper, 
in  the  city  of  Mobile. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bej)- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  first  day  of  December, 
1861,  the  fees  for  protesting  notes,  bills  of  exchange,  or  *'*"'*• 
any  other  description  of  paper  in  the  city  of  Mobile, 
shall  be  fifty  (50)  cents,  where  there  is  but  one  endorser, 
and  seventy-five  (75)  cents,  when  there  is  more  than,  one 
endorser. 

Sec.  2.  Be  it  further  enacted,  That   all  laws  or  parts  Repealing  clause 
of  laws  contravening  the  provisions  of  this  act,  be  and 
the  same  are  hereby  repealed. 

Approved,  November  9, 1861. 


1861.  220 

Ko.  228.]  AN  ACT 

To  compensate  the  inspectors,  clerks,  and  returning 
officers  of  general  elections  held  in  and  for  the  coun- 
ty of  Mobile. 

Sec.  1.  Be  it  enacted  by  the  Senate  mid  House  of  Bep- 
resentatives  of  the  State  of  Alabani,a  in  General  Assembly 
convened,  That  the  court  of  revenue  commissioners  of 
Mobile  county,  are  hereby  authorized  and  empowered  to 
Inspectors, ci'ks,  appropriate   out   of  the  county  funds  of- said    county, 
pensatei^  *^°'"'  sucli  sum  as  they  may  think  proper,  just,  and  expedient 
to  compensate  the  inspectors,  clerks  and  returning  offi- 
cers  for  their  services  in  attending  to  and  conducting 
general  elections  in  said  count}^,  held  by  authority  of  law. 
Apply  to  August      Sec.  2.  Be  it  further  enacted,  That    the  provisions    of 
election,  18G1.     of  the  first  scctiou  of  thls  act  apply  to  the  general  elec- 
tion held  in  August,  1861,  and  said  commissioners  are 
hereby  empowered  to  make  an  appropriation  according- 
Proviso.  ly:  Provided,  That  not  more  than  five  dollars  per  day. 

be  allowed  to  any  one  inspector  or  officer  at  precincts 
within  the  city  limits,  at  Whistler  and  Bayou  Labatree, 
and  not  more  three    dollars  per  day  to  each  inspector 
or  officer  at  the  other  precincts  in  the  county. 
Approved,  November  9, 1861. 


Ko.  229.]  AN"  ACT 

To  authorize  the  commissioners'  court  of  Monroe  coun- 
ty to  divide  the  county  into  four  commissioners 
districts. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembty 
convened,  That  the  commissioners'  court  of  Monroe  coun- 
ij,  shall  have  full  power  to  divide  the  county  of  Monroe 
into  four  districts,  each  district  to  be  represented  by 
one  commissioner,  and  the  whole  to  be  elected  by  the 
county  at  large. 

Sec.  2.  And  be  it  further  enacted,  That  all  laws  and 
parts  ot  laws  contravening  the  above,  are  hereby  re- 
pealed. 

Approved,  November  8,  1861. 


221  1861. 

Ho,  230.]  '  AN  ACT 

Providing  adequate  compensation  for  the  county  com- 
missioners of  xVIontgomery  county. 

Sec.  1.  Be  if.  enacted  hy  the  Senate  aiid  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
the  members  composing  tlie  court  of  county  commis- 
sioners for  Mouts-oraery  county,  shall  receive  as  com- Three  dollars  per 
..  r.  .1      •  •  A  1    11  1         r       (lay  and  five  ct», 

pensation    for   their   services   three  dollars  per  day  tor  jar  miie, 
each  day's  service,    and  five  cents  per  mile  traveled  in 
going  to  and  returning  from  court,  to  be  taxed  and  paid 
as  now  provided  by  law. 

Approved,  November  11,  1861. 


Kg.  231.]  AN  ACT 

To  authori?:e  James  Porter  to  erect  a  gate,  &c. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Oeneral  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
James  Porter  be,  and  he  is  hereby  authorized,  to  erect 
a  gate  across  the  road  leading  from  the  city  of  Mont- 
gomeiy  to  Robinson's  Springs,  in  the  county  of  Autau- 
ga, all  laws  and  parts  of  laws  to  the  contrary  notwith- 
standing: Provided,  That  the  said  gate  be  erected  on 
the  boundary  line  between  the  lauds  of  the  said  Porter 
and  Boiling  Hall. 

Approved,  December  3,  1861. 


No.  232.]  AN  ACT 

Requiring  retailers  to  pay  the  same  license  that  is  paid 
iu  the  city  of  Montgomery. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alahama  in  General  Assembly 
convened,  That  hereafter  the  probate  judge  of  Mont- 
gomery county,  shall  not  issue  a  license  to  any  person 


1861.  222 

Retailed  within  ^^'  pei'sotis  to  retail  vinous,  spirituous  or  malt  liquors, 
three  miles  of  the  within  three  miles  of  the  corporate  limits  of  the  city  of 

citv  to  pay  same  -.«-.  ,m  i  •'•  ini 

»8 within th^ city  Montgomery,  until  such  person  or  persons  shall  have 
paid  unto  the  said  probate  judge  for  such  license,  the 
same  sum  of  money  which  retailers  in  the  said  city  of 
Montgomery  are  now  or  may  hereafter  be  required  by 
the  city  authorities  to  pay  for  the  privileges  of  retailing 
within  said  city  in  addition  to  the  State  tax. 
ipenaity  for  vio-  ®^^-  ^*  ^^  ^^  further  cuacted,  That  any  person  or  per- 
iation.  sons  who  shall  retail  vinous,  spirituous  or  malt  liquors, 

without  first  having  obtained   the  licen'se  as  provided 
for  in  the  first  section  of  this  act,   shall  on  conviction, 
be  fined  in   a  sum   not   less  than   five   hundred  dol- 
lars, ($500.) 
Penalty  for  said      Sec.  3.  Be  it  further  enacted,  That  any  person  or  per- 
openonsundayf^o'^S'  ^^^cr  haviug  obtained  the  license  as  provided  for 
in  the  first  section  of  this  act,  who  shall  keep  open  his, 
her,  or  their  place  of  retailing  on  Sunday,  shall  be  in- 
dicted therefor  in  the  circuit   court   of  Montgomery 
•  county,  and  shall  on  conviction  be  fined  not  less  than 

one  hundred  dollars. 
Penalty  for  sell-     Sec.  4.  Be  it  further  enacted^  That  any  person  or  per- 
iug  on  Sunday,    gong^  liccused  as  provided  for  in  the  first  section  of  this 
act,  who  shall  on  Sunday  sell  to  any  person  or  persons 
any  spirituous  or  vinous  liquors,  shall  on  conviction  be 
fined  not*  less  than  one  hundred  dollars. 
Solicitor's  fees        ^^^'  ^'  ^^  ^^  further  enacted,  That  the  solicitor's  fee 
under  this  act.    ou  all  couvictious  uudcr  the  sBcoud  and  third  sections 
of  this  act,  shall  be  thirty  dollars,  and  all  convictions 
under  the  fourth  section,   shall  be  twenty-five  dollars, 
and  a  conviction  under  one  section,  shall  be  no  bar  to 
a  conviction  under  the  other. 
Approved,  December  8,  1861. 


Ko.  233.]  AN  ACT 

To  repeal  "an  act  to  change  the  manner  of  appointing 
overseers  and  apportioners  of  roads,  in  the  county  of 
Russell,"  approved  January  8,  1858. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Mepremntatives  of  the  State  of  Alabama  in  General  Assembl'y 
convened,  That  an  act,  entitled  "  an  act  to  change  the 


223  1881. 

matiner  of  appointing  overseers  and  apportioners  of 
roads,  in  the  county  of  Russell,"  approved  January  18, 
1858,  be  and  the  same  is  hereby  repealed. 
Approved,  November  29,  1861. 


iN'o.  284.]  AN  ACT 

To  allow  appeals  to  the  county  superintendent  of  free 
public  schools,  in  the  county  of  Russell. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  in  the  county  of  Russell,  any  j^j  ^^  aT»pcai, 
person  dissatisfied  with  the  action  of  the  trustees  of  free 
public  schools,  in  the  township  in  which  he  may  reside, 
in  locating  and  establishing  schools,  shall  have  the  right 
to  appeal  annually  from  the  same  to  the  county  super* 
intendcnt. 

Sec.  2.  Be  it  further  enacted.  That  any  person  desiring  now  to  proceed, 
so  to  appeal,  shall  within  two  months  from  the  time  of 
the  establishment  of  such  free  public  school  or  schools 
in  his  township,  file  with  the  county  superintendent  a 
written  notice  of  the  same,  setting  forth  the  ground  ^ 
and  cause  of  such  appeal,  and  the  county  superinten- 
dent as  aforesaid,  shall  thereupon  fix  a  day  not  more.^^,^,  ,     ,  ,„ 

'  1  1  r  1   •     1     I^U'y  "^  county 

than  ten  nor  less  than  twenty  days  thereirom,  at  which  euperititendent. 
he  shall  proceed  to  hear  and  determine  the  same  accord- 
ing to  the  fixirest,  most  impartial  and  best  interest  of 
all  the  inhabitants  of  said  township.  The  decision  of 
said  superintendent  as  aforesaid,  shall  be' final  and  con- 
clusive for  the  year  in  which  it  may  be  made. 

Sec.  3.  Be  it  further  enacted,  That  before  the  county  ca,ij  of  notice  to 
superintendent  as  aforesaid,  shall  proceed  to  hear  and  ^'^  semd. 
determine  said  appeal  or  appeals,  he  shall  in  all  cases 
require  the  person  appealing  to  serve  a  copy  of  the  no- 
tice set  forth  in  the  second  section  of  this  act,  on  a 
majority  of  the  trustees  of  the  township  whence  the 
appeal  arose,  at  least  five  days  beforehand. 

Sec.  ^.  Be  it  further  enacted.  That   the   provisions  of  A«t  g»n«r»i. 
this  act  sliall  apply  to  all  the  counties  of  this  State. 

Approved,  December  0,  1861. 


1861.  224 

« 

No.  235.]  AN  ACT 

Exempting  apportiouers   and   overseers   of  roads,   iu 
Shelby  county,  from  road  duty. 

Sectio?5"  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  apportiouers  and  overseers  of  roads,  in 
the  county  of  shelby,  who  have  held  their  office  for  two 
years  consecutively,  shall  be  entitled  to  a  certificate  of 
exemption  from  road  duty  for  the  next  two  years  after 
such  time  is  served  out,  any  act  to  the  contrary  notwith- 
standing. 

Approred,  November  11,  1861. 


No.  236.]  AN  ACT 

To  compensate  returning  officers   of  tlie  general  elec^ 
tions,  in  the  county  of  Shelby. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  Souse  of  JRep' 
resentaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
the  returning  officers  of  general  elections,  in  the  county 
of  Shelby,  shall  be  allowed  one  dollar  and  fifty  cents 
per  day  for  making  such  returns,  and  five  cents  per 
mile  traveling  to  and  from  the  court  house  of  said 
county,  to  be  paid  out  of  any  money  in  tbe  county 
treasury,  not  otherwise  appropriated. 

Approved,  November  11,  1861. 


No.  237.]  AN  ACT 

To  amend  section  499  of  the  Code  of  Alabama,  so  far 
as  the  county  of  Sumter  is  concerned. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatiues  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  instead  of  the  compensation  now  allow- 
ed by  section  499  of  the  Code,  or  by  any  other  law,  to 
the  members  of  the  court  of  county  commissioners  of 


225  1861. 

Sumter  county,  each  member  of  said  court  of  countv  r.-     ^  „ 
commissioners  or  said  county,  shall  be  entitled  to  receive  ^-^y  and  five  ct? 
five  dollars  for   each  day's   service   at  the  regular  and ''"""'*'' 
special  terms  of  said  court,  and  mileage  at  the   rate  of 
five  cents  per  mile  on  the  nearest  public  road  going  to 
and  returning  from  each  term  of  said  court,  to  be  paid 
as  prescribed  by  said  section  490. 
Approved,  ^November  11,  1861. 


No.  238.]  AN  ACT 

To  authorize  Mrs.  Lucy  Little,  of  Sumter  county,  to 
erect  gates  across  a  certain  public  road. 

Sec.  1.  i?c  it  cnaoicd  by  the  Senate  and  House  of  Rep- 
resentaiwes  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Mrs.  Lucy  Little,  of  Sumter  county,  be, 
and  she  is  hereby  authorized  to  erect  and  keep  one  or 
more  gates  across  the  public  road  leading  from  Warsaw 
in  said  county,  to  Coopersville  in  Mississippi,  where  the 
sapie  passes  upon  and  across  her  land :  Provided,  that 
she  shall  keep  the  same  at  all  times  in  good  order  and 
repair,  so  as  to  be  easily  opened  by  the  public. 

Approved,  December  10,  186 L 


No.  239.]  AN  ACT 

To  repeal,  in  part,  an  Act  for  the  preservation  of  game 
in  the  counties  of  Sumter  and  Shelby. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in^General  Assemhhj 
convened,  That  so  much  of  said  act,  as  approved  Feb- 
ruary 8th,  1861,  as  relates  to  the  county  of  Shelby,  be, 
and  the  same  is  hereby  repealed. 

Approved,  November  6,  1861. 


15 


1861. 


ITo.  240.] 


226 
AN  ACT 


Purposes. 


To  authorize  the  Commissioners'  Court  of  Talladega 
county  to  levy  a  special  tax,  for  purposes  therein 
named. 

Sec.  1.  Be  it  enacted  hy  the  Se'mie  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly/ 
convened,  That  the  commissioners'  court  of  Talladega 
To  levy  special  couutj,  be,  and  is  hereby  authorized  to  Icvy  a  spccial 
tax  for  the  purpose  of  relieving  the  central  committee 
of  said  county  of  any  liabilities  they  may  have  incurred 
in  furnishing  necessary  outfit  and  equipments  for  vol- 
unteers in  the  Confederate  arm}^  from  said  county;  for 
providing  for  the  wants  of  indigent  families  of  such 
volunteers,  over  and  above  the  amount  that  has  come 
into  the  hands  of  M.  H.  Cruikshank,  their  secretary 
and  treasurer,  out  of  the  volunteer  tax  resolved  to  be 
raised  by  a  public  meeting  of  the  citizens  of  said  county, 
held  in  April,  1861. 

Sec.  2.  Be  it  farther  enacted,  That  M.  H.  Cruikshank, 
secretary  and  treasurer  of  said  central  committee,  or 
his  successor  in  office,  be  required  to  make  an  exhibjt 
of  his  receipts  and- disbursements  as  such  secretary  and 
treasurer,  to  the  commissioners'  court  of  said  county, 
in  order  that  said  commissioners'  court  may  ascertain 
what  still  remains  due  from  said  committee,  not  pro- 
vided tor  by  any  means  in  his  hands  as  such  treasurer: 
Provided,  that  no  persons  engaged  in  the  actual  mili- 
tary service  of  this  State,  or  of  the  Confederate  States, 
shall  be  liable  to  pay  any  tax  levied  under  the  provis- 
ions of  this  act. 

Approved,  November  20,  1861. 


Exhibit  to  be 


Proviso. 


No.  241.] 


AN  ACT 


To  amend  an  Act  to  authorize  Dennis  Springer  to  con- 
struct a  turnpike  across  Sipsie  river,  approved  Feb- 
ruary 21,  1860. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  section  5  of  the  above  recited  act  be 


227  *.  •'..Mtef;  1861. 


amended  by  striking  out  all  after  the  enacting  clause, 
and  insert  the  following  words,  "  That  this  act  shall  be 
in  force  for  fifty  years  only,   unless  extended  or  re- 
newed" by  the  proper  authority. 
Approved,  November  29,  1861. 


Kg.  242.]  AN  ACT 

The  better  to  secure  the  payment  of  the  fees  of  the 
Clerk  of  the  Circuit  Court  of  Walker  county  in  State 
cases. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  in  all  State  cases  which  may  be  tried  in 
the  circuit  court  of  Walker  county,  if  the  defendant  i'?s'^'»'^<'»^\''. 

1111  •  1  1      r-  T     •  1  ^        n  -x  '^nere  convK'tiOB 

shall  be  convicted  and  found  insolvent,  the  fees  and  is  iia.i,  a-es  ami 
costs  of  the  clerk  of  said  court  shall  be  paid  by  thebrcountyfreasu- 
county  treasurer  out  of  the  fine  and  forfeiture  fund  of '■'^'■• 
said  county,  if  there  be  a  balance  sufficient  for  that  pur- 
pose, upon  the  certificate  of  the  clerk,  setting  forth  the 
amount  of  his  said  fees  and  costs  in  each  case,  and  the 
insolvency  of  the  defendant;  but  before  the  clerk  shall 
certify  the  insolvency  of  the  defendant,  an  execution 
must  have  beefi  issued  and  returned  by  the  proper  offi- 
cer, no  property  found. 

Sec.  2.  Be  it  further  enacted,  That  if  at  any  time  after  ^o  be  refunded 
the  said  fees  and  costs  shall  be  paid  to  the  said  clerk  as  ^^^ j.^"^™|>  "^^^^ 
herein  provided,  the  defendant  shall  pay 'the  same,  or 
any  part  thereof,  it  shall  be  the  dut}'-  of  the  clerk  or 
sheriff  collecting  the  same,  to  pay  it  over  to  the  county 
treasurer,  who  shall  place  it  to  the  fine  and  forfeiture 
fund  of  said  county. 

Approved,  December  9,  1861. 


No.  243.]  AN  ACT 

To  exempt  Ministers  of  the  Gospel  from  road  duty  in 
the  county  of  Walker. 

Sbc.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bcpre- 


1861.  228 

sentatiiies  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act, 
ministers  of  the  i^-ospel  shall  be  and  are  hereby  exempt 
from  road  duty  in  the  county  of  Walker,  any  law  to  the 
contrary  notwithstanding. 
Approved,  December  5,- 1861. 


No.  244.] 


AN  ACT 


ProTiso. 


To  authorize  the  Commissioners'  Court  of  Walker 
county  to  allow  and  pay  off  certain  claims  against 
said  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  county  commissioners,  to- 
gether with  the  probate  judge  of  Walker  coiintj^,  is 
hereby  authorized  to  allow  and  pay  off  any  and  all 
county  claims  now  outstanding  that  have  been  barred 
by  non-compliance  with  the  provisions  of  an  act,  requir- 
ing the  presentation  of  claims  against  Walker  county, 
approved,  February  6,1858:  Prow'c^ecZ,  claims  herein 
provided  for,  shall  be  presented  to  said  court  within  six 
months  from  the  passage  of  this  act;  otherwise  they 
shall  be  forever  barred ;  any  law,  usage  or  custom  to 
the  contrary  notwithstanding. 

Approved,  December  9,  1861. 


Klection  to  be 
held  in  certain 
contingency. 


No.  245.1 


AN  ACT 


To  authorize  the  legal  voters  of  Walker  county  to  elect 
the  Assessor  and  Tax  Collector,  when  vacancy  occurs 
in  said  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
seniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  when  a  vacancy  shall  occur  in 
the  office  of  tax-assessor  and  collector  in  Walker  county, 
either  by  death  or  resignation,  or  otherwise,  it  shall  be 
the  duty  of  the  sheriff  of  said  county,  immediately  on 
receiving  notice  of  such  vacancy,  to  advertise  an  elec- 


229  1861. 

tion  by  putting  up  written  notices  at  each  precinct  in 
said  pounty,  giving  at  least  twenty  days  notice  of  said 
election;  and  all  the  qualified  voters  in  said  county 
shall  be  entitled  to  vote  in  said  election. 

Sec   2    And  he  it  further  enacted,  That  all  laws,  and  nepeaiingcu. 
parts  of  laws,  contravening  the  provisions  of  this  act, 
be,  and  the  same  are  hereby  repealed. 

Approved,  December  10,  1861. 


No.  246.]  AN  ACT 

To  amend  Section  1056  of  the  Code,  so  flir  as  Walker 
county  is  concerned. 

Section  1.  Be  it  enacted  hj  the  Senate  and  House  of 
Hejjresentatives  of  the  State  of  Alabama  in  General  Assemhlu 
convened.  That  section  1056  of  the  Code  of  Alabama,  so 
far  as  Walker  county  is  concerned,  be  so  amended  as 
to  require  of  the  person  proposing  to  take  out  a  license 
for  the  retail  of  spirituous  liquors  in  said  county,  to 
obtain  the  recommendation  therein  required  from  a 
majority  of  the  tax-payers  in  the  town  or  precinct  where 
It  IS  proposed  to  do  such  retail  business,  instead  of  the 
number  required  by  said  section. 

Approved,  December  10,  1861. 


No.  247.]  AN  ACT 

To  authorize  the  Judge  of  the  Probate  Court  of  Wilcox 
county  to  make  advertisements  in  a  paper  published 
in  an  adjoining  county. 

Sec.  1.  Be  it  enacted  bij  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembli/ 
convened,  That  from  and  after  the  passage  of  this  act, 
It  shall  be  lawful  for  the  probate  judge  of  Wilcox 
county,  when  there  is  no  newspaper  [iublished  in  said 
county,  to  advertise  all  notices  pertaining  to,  or  grow- 
ing out  of  the  business  in  said  probate  "court,  in  any 
newspaper  published  in  an  adjoining  county,  having 


1861.  230 

the  largest  circulation  in  Wilcox  county,  without  re- 
gard to  distance. 

Approved,  November  27,  1861. 


No.  248.]  AN  ACT 

To  divide  the   County  of  Winston  into  four  Commis- 
sioners' Districts. 

Section  1.  Be  it  ejuicted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  as  soon  as  practicable,  after  the  first 
Monday  in  January  next,  the  commissioners'  court  of 
Winston  county  shall  divide  said  county  into  four  com- 
missioners' districts,  as  nearly  equal  as  may  be  in  point 
of  population;  and  at  the  regular  elections  for  mem- 
bers of  the  court  of  county  commissioners,  the  voters 
in  each  of  said  districts  shall  vote  for  a  commissioner 
residing  within  their  said  respective  districts,  and  none 
other;  and  in  the  event  of  a  vacancy  in  any  one  or 
more  of  said  districts,  the  same  shall  be  filled  by  the 
votes  of  the, qualified  electors  of  said  district,  or  dis- 
tricts, in  which  said  vacancy  occurs. 

Sec.  8.  And  he  it  further  enacted,  That  all  laws  and 
parts  of  laws  contravening  the  provisions  of  this  act, 
be,  and  the  same  are  hereby  repealed. 

Approved,  November  9,  1861. 


No.  249.]  AN  ACT 

To  provide  compensation  to  Col.  J.  W.  Echols  for  ser- 
vices rendered  in  purchasing  stores  and  provisions 
for  the  troops  of  the  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
reseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  be,  and  he  is  hereby  au- 
«22oo  tobeai-  thorizcd  to  cause  to  be  allowed  to  Col.  J.  W.  Echols, 
out  of  any  money  in  the  treasury  not  otherwise  appro- 
priated, the  sum  of  twenty-two  hundred  dollars,  in  full 
for  all  services  rendered  by  him,  as  the  agent  of  the 


231  1861. 

State,  in  the  purchase  of  provisions  and  stores  for  the 
troops  of  the  State,  under  an  appointment  l)y  the  Gov- 
ernor, exclusive  of  the  actual  expenses  incurred  and 
paid  by  said  agent:  Provided.,  hoivever,  that  if  the  said  Proviso. 
CoL  J.  W.  Echols  is  indebted  to  the  State,  or  has  money 
in  his  hands  justl}^  due  the  State,  to  an  amount  equal 
to  the  said  sum  of  twentj^-two  hundred  dollars,  or 
greater,  the  said  sum  hereb}-  directed  to  be  allowed, 
shall  not  be  paid,  but  shall  be  allowed  to  him  as  a  set-off. 
Approved,  December  9,  1861. 


No.  250.]    ,  AN  ACT 

For  the  relief  of  sick  soldiers  from  Alabama  in  the 
army  of  the  Potomac. 

SECTiojf  1 .  J3e  it  enacted  by  the  Senate  and  House  of  B,epre- 
sentatives  of  the  State  of  Alabama  in  General  Assendd;/ 
convened,  That  the  Governor  of  this  State  be,  and  he  is 
hereb)'' authorized  to  establish  at,  or  in  the  neighbor- Medical  depot  to 
hood  of  Manassas  Junction,  in  the  State  of  Virginia,  '^'^'=*'"'^»«'"='i- 
to  be  changed  in  location,  within  his  discretion,  a  med- 
ical depot,  to  which  all  medicines  and  all  supplies  per- 
taining to  the  medical  necessities  of  the  army,  intended 
for  the  benefit  of  the  yick  soldiers  in  the  various  regi-  ^"'■•'"*^'- 
ments  from  this  State,  sent  hy  individuals,  associations, 
or  the  State  government,  or  otherwise,  shall  be  sent,  or 
carried,  to  be  thence  distributed  to  the  various  regi- 
ments, companies,  or  individuals  to  whom  they  may 
be  scut  or  addressed,  or  for  whom  they  may  be  intended, 
upon  the  requisition  of  the  surgeons  of  regiments,  or 
hospital  stewards. 

Sec.  2.  Be  it  further  enacted,  That  the  Governor  be,  Governor  to  ap. 
and  is  hereby  authorized  and  required,  forthwith  to  ap- 1'"'"^  *"  *K«nt. 
point  an  efficient  and  skillful  medical  man,  a  citizen  of 
Alabama,  to  be  agent  for  the  State,  in  the  management 
and  control  of  said  depot,  whose  duty  it  shall  be  to 
reside  at  Manassas  Junction  aforesaid,  or  in  the  neigh- "'»''"''*'• 
borhood  thereof,  to  receive  said  supplies  into  said  de- 
pot,  take  proper  care  of  them,   and   distribute  them 
faithfully  and  impartially',   accorciing  to  the  directions 
he  shall   receive  concerning  them,   a|  well   as  at  tho 
earliest  moment  possible,  after  their  reception. 


1861.  232 

„   ,     ^       ,     Skc.S.  Beit  ftirthei^  enacted,  Thsit  the  agent  ehsiWhsive 

Rank  and  pay  of    ,  ,  •,    "^        .  .  i  ,•  •         •       .-i  j 

the  agent.         tliG  rank,  and  receive  tlie  pay  ot  major  in  the  army,  and 

that  he  be  paid  monthly,  on  warrant  of  the  Comptroller 

issued  by  the  Governor's  direction,  out  of  any  moneys 

not  otherwise  appropriated  remaining  in  the  treasury. 

Approved,  December  9, 1861. 


Conditions  ne- 


No.  251.]  AN  ACT 

For  the  relief  of  certain  volunteers. 

Section  1.  He  it  enacted  hy  the  Senate  and  House  of 
JRipresentatives  of  the  State  of  Alabama  in  General  Assembly 
coiwened,  That  if,  on  the  trial  of  any  person  for  a  crimi- 

ceMary."""  "^  nal  offcuce  Committed  in  this  State  before  the  approval 
of  this  act,  or  when  the  case  is  called  for  trial,  it  shall 
be  made  to  appear  to  the  court  or  jury  trying  the  case, 
that  the  accused  was  a  man  of  good  character  before 
the  commission  of  the  offence,  that  he  has  served  as  a 
volunteer  in  the  army  of  the  Confederate  States,  and 
that  he  has  a  certificate  from  his  commanding  officer  to 
the  eftect  that  he  has  been  a  faithful  soldier,  or  that  he 
has  been  honorably  discharged  trom  service,  it  shall  be 
the  duty  of  the  court  or  jury  trying  the  case,  to  consider 

Duty  of  the  court  ^-^qq^  focts  in  counectiou  with  the  main  facts  of  the  case, 
and  either  to  mitigate  the  fine  or  other  punishment 
provided  for  in  the  case,  or  acquit  and  discharge  the 
accused  altogether,  any  law  to  the  contrary  notwith- 

^aiTbrentoed.  standing;  and  if  the  accused  be  only  charged  with  an 
assault,  assault  and  batter}',  or  affray,  or  with  gaming, 
or  carrying  concealed  weapons,  the  court  or  solicitor 
shall  enter  a  nol.  pros. 
Approved,  December  7,  1861. 


No.  252.]  AN  ACT 

For  the  benefit  of  the  Soldiers'  Home  in  the  city  of 
•     Montgomery,  and  for  other  purposes. 

Sec.  1.  Be  it  macted^  the  Senate  and  House  of  Repre- 
sentatives of  th^State  of  Alabama  in  General  Assem  hi 


233  1861. 

convened^  That  the  sum  often  thousand  dollars  be,  and  Ten  thousand 
the  same  is  hereby  appropriated  for  the  benefit  of  the  <i;>iinr8for  "soi- 
Soldiers'  Home  of  the  city  of  Montgomery,  a  place  al-  '"*    °™*" 
ready  established  for  the  purpose  of  receiving  the  sick 
or  wounded  soldiers  in  the  service  of  the  State  or  Con- 
federate States,  and  where  they  may  be  properly  cared 
for. 

Sec.  2.  Be  it  further  enacted^  That  the  said  sum  of  ten  under  control  or 
thousand  dollars  be  placed  under  the  control  of  the  "'*^  ^°'"""^ 
Governor,  who  is  hereby  authorized  to  pa}'  over  the 
same,  or  any  part  thereof,  from  time  to  time,  as  he  may 
deem  best,  out  of  any  moneys  in  the  treasury  not  other- 
wise appropriated,  to  the  proper  officer  of  said  "Soldier's  "°''  '*''"'  ""'''• 
Home,"  and  said  officer  shall  furnish  to  the  Governor 
the  vouchers  for  all  amounts  expended  under  this  act. 

Sec.  3.  Be  it  farther  enacted,    That  the  sum  of  five 
thousand  dollars  be,  and  the  same  is  hereby  appropri- ,u,M*arsfortife 
ated  to  aid  the  Ilumane  Ladies'  Association  at  Hunts- ','"T?1'''  ]f' 

•11-  'l^'i  ••  •  -T  n  1  ""^'^    Associa- 

ville,  in  aid  of  said  association  in  providing  for  and  i'"""  at  Hunts- 
taking  care  of  sick  and  wounded  soldiers,  now  under  ^'/" 
the  care,  and  hereafter  to  be  taken  in  care  of  said  asso- 
ciation ;  and  that  said  sum  of  five  thousand  dollars  be 
placed  under  the  control  of  the  Governor,  who  is  hereby  Under  control  of 
authorized  to  pay  over  the  same,  or  any  part  thereof, 
from  time  to  time,  as  he  may  deem  best,  to  the  proper 
officer  of  the  Humane  Ladies'  Association  at  Hunts- „    .  ^    ..^ 

•11  -I   •         1      11   1  1         1  />        •  1       /i>  I'         •    1    now  to  be  paid. 

villc;  and  it  shall  be  the  duty  of  said  officer  to  furnish 
the  Governor  vouchers  for  all  sums  expended  under 
this  act. 
Approved,  November  28,  1861. 


No.  253.]  AN   ACT 

For  the  benefit  of  the  Military  Aid  Society  of  Mobile, 
and  for  other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of.  the  State  of  Alabama  in  General  Assemhlt/ 
convened,  That  the  sum  of  twenty  thousand  dollars  be,  priait"!'/'''"''^' 
and  the  same  is  hereby  appropriated,  for  the  benefit  of 
the  Military  Aid  Society  of  Mobile,  a  society  already 
established  for  the  purpose  of  receiving  the  sick  and 
wounded  soldiers  in  the  service  of  the  State  and  of  tho 


1861.  234 

Coufederate  States,  and  where  they  may  be  properly 
cared  for. 
Under  control  of     Sec.  2.  Be  it  fuvtlwr  Guacted,  That  the  said  sum   of 
the  Governor.     ^^^^^^^  thoiisaiul  dollars  be  placed  under  the  control  of 
the  Governor  of  the  State,  who  is  hereby  authorized  to 
pay  over   the  same,  or  any  part  thereof,  from  time  to 
time,  as  he  may  deem  best,  out   of  any   moneys  in  the 
treasury  not  otherwise  appropriated,  to  the  proper  offi- 
cer of  said  Military  Aid    Society  of  Mobile ;  and  such 
officer  shall  furnish  to  the  Governor  the  vouchers  for  all 
amounts  expended  under  this  act. 
Approved,  JSTovember  30,  1861. 


No.  254.]  XE  ACT 

For  the  relief  of  the  1st  Alabama  cavalry  regiment. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in    General  Assembly 
««...A,       ,.  convened.  That  the  State  of  Alabama  hereby   loans  for 

$20,000  loaned  to  ,,        ,  ^     .  ,  ^    i     t  tt     /-~ii        i  r^    i 

the  Colonel  for  thc  term  ot  SIX  mouths  to  Col.  James  H.  Clauton,  Col. 

SIX  months.  ^^  ^^^^  ^gt  Alabama  cavalry  regiment  of  this  State,  the 
sum  of  twenty  thousand  dollars,  upon  such  conditions 
and  security  as  the  Governor  of  the  State  may  require, 
for  the  purpose  of  buying  winter  clothing  for  the  said 
regiment. 

When  bond  giv-     Sec.  2.  Bc  it  further  enacted,  TlKit  upon  the  said  Col. 

paid!°"*^^  *° '"'  James  H.  Clan  ton,  Col.  as  aforesaid,  giving  the  security 
contemplated  by  the  first  section  of  this  act,  the  Comp- 
troller of  Public  Accounts  shall  draw  his  warrant  on 
the  State  Treasurer  for  the  sum  of  twenty  thousand 
dollars  in  favor  of  the  said  James  H.  Clan  ton,  for  the 
benefit  of  the  regiment  as  aforesaid,  to  be  paid  out  of 
any  money  in  the  treasury  not  otherwise  appropriated. 

Without  interest  o    -i  i  j.      i  •!_'         .   •     ,  ,    r         •  .11 

baid  loan  to  be  witnout  interest  for  six  months  only. 
Approved,  December  7,  1861. 


235  1861. 

No!  255.]  AN  ACT  . 

To  amend   an   act   for  the   relief  of  the   1st   Cavalry 
Regiment. 

Whereas,  there  is  a  deficiency  of  means  now  in  the 
treasury  to  meet  all  the  appropriations  made  at  the 
extra  and  present  sessions  of  the  General  Assembly; 
and  whereas,  the  said  deficiency  has  been  caused  by  acts 
making  appropriations,  approved  since  the  8th  day  of 
November,  1861,  all  of  which  will  not  be  immediately 
called  for:  Therefore, 

Be  it  enacted  by  the  Senate  and  House  of  jRcjyrcscnia- 
iives  of  the  State  of  Alabama  in  General  Assembly  con- 
vened, That  an  act,  entitled  "an  act  for  the  relief  of 
the  1st  cavalry  regiment,"  approved  December  7, 1861,  Appropriation  to 
be  and  the  same  is  hereby  so  amended  as  to  take  prece-  take  precedence, 
dence  over  all  acts  making  appropriations,  approved 
since  the  said  8th  da}^  of  Xovcmber,  1861,  and  that  the 
comptroller's  warrant  for  the  loan  of  twenty  thousand 
dollars,  proposed  to  be  made  thereon,  shall  be  paid  by 
the  treasurer,  out  of  any  moneys  in  the  treasury  not 
otherwise  appropriated,  on  the  said  8th  day  of  Novem- 
ber, 1861,  anything  in  the  acts  making  appropriations, 
approved  si  nee  that  day,  to  the  contrary  notwithstanding. 

Approved,  December  9,  1861. 


No.  256.]  AN  i^CT 

For  the  relief  of  executors,  administrators,  trustees,  and 
guardians. 


'<^.t 


Sec.  1.  Be  if  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  passage  of  this  act,  it  May  hire  out  the 

11111  ri/-  !••  1  ."lares  or  rent 

shall  be  lawful  for  executors,  administrators  and  guar- lanjs.  , 
dians,  to  hire  out  any  slaves  or  to  rent  any  lands  belong- 
ing to  the  estates  or  wards  they  may  represent,  for  cot- 
ton or  other  produce ;  such  hiring  or  renting,  to  be 
conducted  cither  publicly  or  privately,  as  the  proper  how  eon.iueted. 
court  of  probate  may  direct^  so  as  to  secure  the  best 
interests  of  such  estates  or  wards. 

Sec.  2.  Be  it  further  enacted^  That   no  executor,  ad- 


1861. 


236 


No  liability. 


ministrator,  trustee,  or  guardian,  shall  be  liable  in  any- 
way for  not  selling,  or  for  not  appl3'ing  for  an  order  to 
sell,  any  property  of  an  estate,  or  trust  property  com- 
mitted to  him,  before  the  ratification  of  a  treaty  of 
peace  between  the  Confederate  States  and  the  United 
States,  unless  the  persons  interested  in  the  estate  or 
trust  property  are  adults  and  request  a  sale. 
Approved,  December  9,  1861. 


No.  257.] 


AN  ACT 


For  the  relief  of  N.  "W.  Riddle,  administrator  of  Z.  0. 

Riddle. 


Preamble. 


Administration 
transferred . 


Duty  of  Judge  of 
Probate  of  Mo- 
bUe. 


What  necessary 
prior  to  Judge  of 
Probate  of  Ma- 
rengo taking  ju- 
risdiction. 


"Whereas,  Z.  0.  Riddle  died  in  Mobile  county,  in  this 
State;  and  whereas,  letters  of  administration  were 
granted  upon  his  estate  by  the  probate  court  of  Mobile 
county  to  N.  W.  Riddle,  who  resides  in  Marengo  coun- 
ty, in  this  State ;  and  whereas,  further,  a  portion  of  the 
estate  of  said  Z.  0.  Riddle  is  in  the  said  count}^  of  Ma- 
rengo, and  the  widow  and  children  of  said  Z.  O.  Riddle 
are  now  residing  iii  said  county  of  Marengo : 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Asseynbly 
convened^  That  the  administration  and  settlement  of  the* 
estate  of  said  Z.  0.  Riddle  be  transferred  and  removed 
from  the  probate  court  of  said  Mobile  county  to  the 
probate  court  of  Marengo  county,  and  to  this  end,  that 
the  judge  of  the  probate  court  of  Mobile  county, 
upon  the  application  of  the  said  N.  W.  Riddle  and  the 
payment  of  all  fees  due  him  from  said  administrator, 
make  out  and  certify  to  the  probate  court  of  Marengo 
county,  a  full  and  complete  transcript  of  the  adminis- 
tration bond  of  said  administrator,  and  of  all  the  orders, 
returns  and  decrees,  that  have  been  made  in  relation  to 
the  said  estate,  as  they  appear  among  the  files,  or  on 
the  records  of  said  probate  court  of  Mobile  county, 
which  transcript  shall  be  paid  for  by  the  said  N.  W. 
Riddle. 

Sec.  7.  Be  it  further  enacted,  That  upon  the  filing  of 
said  transcript  in  the  probate  court  of  said  Marengo 
county,  and  the  filing  of  the  written  consent  of  the 
securities  of  the  said  N.  W.  Riddle  on  his  bond  as  ad- 


237  1801. 

miniatrator  in  said  court,  the  cause  shall  be  docketed 
in  the  said  probate  court  of  Marengo  county,  and  the 
said  court  shall  become  invested  with  as  full  and  com- 
plete jurisdiction  over  the  said  estate,  as  if  letters  of 
administration  had  been  originally  granted  hy  the  said 
probate  court ;  and  the  said  probate  court  ot  Marengo 
county,  shall  make  all  orders,  settlements,  and  decrees, 
and  issue  all  process  and  execute  all  the  provisions  of 
the  law,  in  the  same  manner  and  to  the  same  extent 
and  gftbct,  as  if  said  court  had  had  original  jurisdiction 
of  said  estate. 
Approved,  November  6,  1861. 


No.  258.]  AN  ACT 

For   the   relief  of  the   administrator   of  the   estate  of 
James  B.  Sherrod,  deceased., 

*»  Sec.  1.  Be  it  enacted  hy  the  Senate  and  Mouse  of  Rep- 
resentatives of  the  Hate  of  Alabama  in  General  Assembly 
convened^  That  authority  be  and  is  hereby  given  to  the 
court  of  probate  of  Pickens  county,  to  grant  an  order  slaves  in  Misiia- 
to  M.  L.  Stansel,  as  administrator  of  the  estate  of  *'''^'' 
James  B.  Sherrod,  deceased,  late  of  said  county,  to  em- 
ploy and  work  any  of  the  slaves  of  said  estate  upon  the 
farm  of  said  deceased,  lying  in  the  county  of  Noxubee, 
in  the  State  of  Mississippi,  and  to  continue  any  of  said 
slaves  upon  said  farm,  upon  satisfactory  proof  made  to 
said  court  that  the  same  is  to  the  interest  of  said  estate. 
Approved,  December  7,  1861. 


Nd.259.]  an  act 

For  the  relief  of  Oliver  H.  Prince,   as  executor  of  the 
last  will  and  testament  of  Edmund  Prince,  deceased. 

"Whereas,  Edmund  Prince,  late  of  the  county  of  Tus- preamble, 
kaloosa,  deceased,  by  his  last   will   and  testament,  di- 
rected Oliver  11.  Prince,  as  the  executor  of  his  i'aid  last 
will,  to  sell  his  plantation  in  the  county  of  Marengo  at 
the  end  of  the  year,  18G1  j  and  whereas,  a  sale  of  said 


1861.  238 

plantation   at   said   time,   cannot   be   effected  without 

manifest  prejudice   to  the  interests   of  the   devisees  of 

said  testator,  many  of  whom  are  infants :  Therefore, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives 

Not  liable  for  not  ^^ '^^^'^ '^'^'^^^  of  Alabama  in   General  Assembhj  convened, 

oeiung.  That  the  said  Oliver  II.  Prince  shall  not   be   liable  to 

the  devisees  and  heirs  at  law  of  the  said  Edmund  Prince 

in  any  manner,  or  to  any  other  person   for  not  selling 

said  plantation  at  the  time  provided  for  in  said  last  will 

and  testament. 

Approved,  Is^ovember  27,  1861. 


Ko.  260.]  AN  ACT 

For  the  relief  of  E.  A.  Moody  and  others. 

Section  1.  Be  it  enaeted  hy  the  Senate  and  Hoxise  of 
Mejyresentatives  of  the  State  of  Alahama  in  General  Assembly 
convened,  That  it  shall  be  lawful  for  the  probate  court 
of  Choctaw  county,  in  this  State,  on  proof  that  it  is  for 
the  interest  of  the  legatees  of  the  estate  of  Martin 
Jiloody,  to  grant  an  order  to  R.  A,  Moody,  the  adminis- 
trator with  the  will  annexed  of  said  Martin  Moody,  to 
divide  the  property  of  said  estate  among  the  legatees 
thereof,  as  nearl}'  as  may  be  in  accordance  with  the  will 
of  said  Martin  Moody  in  such  manner  as  shall  be  most 
conducive  to  the  interest  of  the  legatees,  and  especially 
to  the  interest  of  such  of  them  as  shall  be  minors, 
whether  all  of  the  said  legatees  shall  have  arrived  at 
the  age  of  twenty-one  years  or  not. 

Approved,  December  7,  1861. 


No.  261.1  AK  ACT 


For  the   relief  of  the  minor  heirs  of  LeGrand  Parker 
deceased. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assem- 
bly convened,  That  the  guardian  in  Louisiana  of  the 
minor  heirs  of  LeGrand  Parker,  deceased,  be  and  he  is 


239  1861. 

hereby  authorized  to  remove  the  property  of  his  said 
wards  in  this  State  to  the  State  of  Louisiana,  where 
said  minors  now  reside,  upon  his  application  to  the 
judge  of  probate  of  j\[onroe  county,  and  upon  liis  com- 
pliance in  all  things  with  the  provisions  of  section  2033 
of  the  Code  of  Alabama. 
Approved,  December  9,  1861. 


No.  262.]  AN  ACT 

For  the  relief  of  Jesse  AfeCoy,  of  the  county  of  Cham- 
bers. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  Home  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  Jesse  McCoy,  a  minor  of  the  county  of 
Chambers,  be  and  he  is  herebj' authorized  to  manage  *i-iyn"»pagc  w»  '' 
and  transact  all  business  connected  with  his  estate,  and"^"  '"*"'^"' 
that  all  contracts  which  he  shall  make  after  the 
passage  of  this  act,  shall  be  as  legal  and  as  of  fuTl  effect 
as  though  he  were  twenty-one  years  of  age,  and  he  is 
hereby  fully  authorized  to  settle  with  the  guardian  of 
his  wife,  and  receive  the  property  coming  to  hisi  said 
wife  from  her  guardian  as  tully  as  though  he  were  of 
age. 

Approved,  December  7,  1861. 


No.  2G3.]  AN  ACT 

For  the  relief  of  John  R.  Moss. 

Skc.  1.  Jh  it  cnncted  hy  the  Senate  and  Ifouse  of  MeprC' 
eentat/rcs  of  the  State  of  Alabama  in  General  'Assembly 
convened^  That  John  ]{.  Moss,  of  iMontgomcry  county, 
in  said  State,  notwithstanding  his  minority,  be  and  he 
is  hereby  authorized  to  sue  and  be  sued,  contract  and 
be  contracted  with,  to  receive  and  take  possession  of 
his  estate,  and  if  necessary,  give  receipts  and  acquit- 
tances therefor,  to  purchase  and  convey  real  or  pcr.Honal 
estate,   and    to  do  all  things  as  lully  and  to  all  intenta 


1861.  240 

and  purposes  as  effectually  as  though  he  were  twenty* 
one  years  of  age. 

Approved,  December  9,  1861. 


Made  free  deal- 
ers. 


Ko.  284.]  AN  ACT 

For  the  relief  of  Mrs.  Martha  L.  Carter,  of  Montgomery, 
and  Mrs.  Mary  0.  Easters,  of  Pike  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
resentatives  'f  the  State  of  Alabama  in  General  Assembly 
convened,  That  all  the  provisions  of  "an  act  for  the 
relief  of  Frederica  Ludecus,  and  other  persons  therein 
named,"  approved  Feb.  8,  1861,  be  and  are  hereby  ex- 
tended and  made  applicable  to  Mrs.  Martha  L.  Carter, 
of  Montgomery  county,  and  Mary  C.  Easters,  wife  of 
Minus  B.  Easters,  of  Pike  county. 

Approved,  December  9,  1861. 


265.  AN  ACT 

For  the  relief  of  Cornelia  J.  Wyatt. 

Sec  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep' 

resentatives  of  the  State  of  Alabama  in  General  Assembly 

convened^  That  Cornelia  J.  Wyatt,  the  wife  of  William 

li.  R.  Wyatt,  of  Autauga  county,  be,  and  she  is  hereby 

her^own^pfoper-  authorizcd  to  excrcisc  all  the  powers,  and  discharge  all 

*y-  the  duties   that  devolved  upon  her  said   husband  as 

trustee  under  the  last  will  and  testament  of  his  mother, 

Mrs.  Ann  S.  R.  Wyatt,  in  relation  to  the  property  given 

by   said  will  to  the  said  Cornelia  J.  Wyatt  and  her 

children. 

Clothed  with  the     Sec.  ^.  And  -be  it  further  enacted,.  That  the  said  Cor- 

powers conferred  nclia  J.  Wyatt  be  also  authorized  to  exercise  all  the 

bymarriagec^on- powers  and  discharge  all  the  duties  that  had  devolved 

tract.  upon  her  said  husband  as  the  trustee  under  the  marriage 

contract  made  between  her  and  her  said  husband  of  the 

date  of  the  7th  day  of  April,  1843,  in  relation  to  the 

property  therebv  settled  upon  her. 

Sec.  3.  And  be  it  further  enacted,  That  in  the  charac- 


241  1861. 

ter  of  trustee  appointed  as  aforesaid,  the  said  Cornelia  ^^^^ 

J.  Wyatt  shall  have  the  right  and  power  to  deal  2;ene- sueandbe  swa. 

rally  with  said  trust  property,  and  to  make  contracts  in 

relation  thereto,  and  to  sue  and  be  sued  on  said  contract 

in  her  own  name  alone,  as  trustee  aforesaid,  as  if  she 

were  sole  and  unmarried. 

Sec.  3.  And  be  it  further  enacted,  That  the  said  Cor- Mav  enforce  the 
nelia  J.  Wyatt  shall  have  the  authority  to  enforce  all  h!^'^;''„l''*^  ''" 
contracts  made  by,  or  with  her  said  husband  as  said 
trustee,  in  relation  to  said  trust  property.»and  its  rents, 
proceeds  or  profits  by  suit,  in  her  own  name  alone,  as 
trustee  as  aforesaid,  and  successor  of  said  William  R. 
R.  Wyatt,  in  any  court  having  jurisdiction  of  the  sub- 
ject matter,  and  all  orders,  judgments  or  decrees  made 
in  any  such  suit,  shall  be  as  valid  as  if  the  proceed- 
ings were  in  the  name  of  said  William  R.  R.  Wyatt. 

Approved,  December  9,  1801. 


No.  2GG.]  AN  ACT 

Fev  the  relief  of  Pleasant  A.   Cumby,  of  Cherokee 
county,  and  Isaac  B.  Cannon,  of  Butler  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representaticcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Pleasant  A.  Cumby,  of  Cherokee  county,  Mar  contract 
and  Isaac  B.  Cannon,  of  Butler  county,  be,  an4  they  are  njaT'ag*- 
each  hereby  released  from  all  the  liabilities  and  penal- 
ties imposed  by  law  on  persons  against  whom  divorces 
have  been  granted,  and  arc  each  hereby  authorized  to 
contract  marriage. 

Approved,  December  10,  1861. 


No.  267.]  AN  ACT 

For  the  relief  of  Marion  Lylcs,  of  Randolph  county. 

Sec.  1,  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convaicd^   That  Marion  Lvles,  of  Randolph  county,  be, 
16 


1861.  242 


and  he  is  hereby  relieved  from  all  disabilities  imposed 
by  law  on  persons  against  whom  a  divorce  has  been 
obtained. 

Approved,  November  22,  1861. 


No.  268.]  AN  ACT 

For'the  relief  of  James  R.  Norris. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  James  R.  Norris,  of  the  county  of  Pike, 
be,  and  he  is  hereby  relieved  from  the  disabilities  im- 
posed by  law  upon  persons  against  whom  a  divorce  has 
been  obtained. 

Approved,  November  22,  1861. 


269.]  AN  ACT  ■ 

For  the  relief  of  Georgia  Ann  Wood,  late  of  Coving* 
ton,  but  now  of  Choctaw  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened  *'J!lh.Q.t  Georgia  Ann  Wood,  late  of  Covington 
county,  but  now  of  ChoctaW  county,  be,  and  she  is 
hereby  relieved  from  all  the  penalties  and  disabilities 
imposed  by  law  on  persons  against  whom  a  divorce  has 
been  granted. 

Approved,  December  9,  1861.     . 


No.  270.]  AN  ACT       * 

For  the  relief  of  William  Nolen,  Tax  Assessor  of  Marion 

County. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
'convened^    That  the  present  tax-collector  of  Marion 


% 


243  1861. 

county,  be,  and  he  is  hereby  authorized  and  required 
to  make  certain  payments  to  William  Nolcn,. tax-asses- 
sor of  Marion  county,  for  the  years  1858  and  1850,  in 
accordance  with  the  provisions  of  an  act  entitled  "  an  act 
to  legalize  and  confirm  certain  payments  by  the  tax-col- 
lector to  the  tax-assessors  of  Marion  county,"  approved 
January  25th,  1860;  and  that  the  receipt  of  the  said 
"William  Noleu  shall  be  a  sufficient  voucher  on  a  settle- 
ment by  the  said  tax-collector  with  the  treasurer  of  said 
county,  any  law  to  the  contrary  notwithstanding. 
Approved,  December  9,  1861. 


Ko.  271.]  AN"  ACT 

For  the  relief  of  the  Tax  Assessor  of  Pickens  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Beprescntativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  commissioners'  court  for  the  county 
of  Pickens,  be,  and  they  are  hereby  authorized  to  allow 
such  compensation  to  the  tax  assessor  for  said  county 
for  any  services  rendered  by  him  in  regard  to  the  as- 
sessment of  the  county  taxes  of  said  county  for  the  3'ear 
1861,  as  said  court  may  deem  just  and  reasonable. 

Approved,  December  10, 1861. 


No.  272.]  AN  ACT 

For  the  relief  of  William  Johnson,  and  other  tax 
collectors. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  in  any  case  where  suit  has  been  com- 
menced against  any  collector  of  State  taxes  in  this 
State  for  failing  to  pay  the  taxes  for  the  fiscal  year  1860- 
61,  and  may  be  now  pending,  or  in  which  Judgment 
has  been  rendered,  if  such  collector  shall  pay  the  taxes 
for  wliich  he  is  properly  accountable  or  legally  liable, 
into  tlio  State  treasury,  within  sixty  days  from  the  pas- 
sage of  this  act,  and  shall  also  pay  the  costs  of  any  suit 


1881.  244 

so  pending,  or  in  whicli  judgment  has  been  ratidercdy 
such  tax  collector  shall  be  released  from  the  pajnnent 
of  interest  and  damages  prescribed  by  section  2632  of 
the  Code ;  and  if  any  tax  collector  rany  have  paid  in- 
terest on  any  taxes  assessed  for  the  past  fiscal  year,  such 
interest  paid  shall  be  refunded  :  Provided  each,  tax  col- 
lector claiming  the  benefit  of  this  act,  shall,  before  be- 
ing entitled  thereto,  file  with  the  Comptroller  of  Public 
Accounts  the  written  assent  of  his  securities  to  the  delay 
allowed  by  this  act;  and,  provided  further,  no  suit 
pending  against  any  such  tax  collector  shall  be  discon- 
tinued until  the  provisions  of  this  act  are  fully  complied 
with.  • 

Approved,  December  7,  1861. 


No.  2T8.]  „        AK  ACT 

For  the  relief  of  Thomas  B.  Bowling,  tax  collector  for 
the  county  of  Washington. 

Sec.  1.  JBe  it  enacted  hij  the  Senate  and  House  of  Eepre- 
seniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,,  That  Thomas  B.  Bowling,  tax  collector  of 
Washington  county,  shall  have  until  the  first  day  of 
March,  1862,  to  make  final  settlement  of  his  accounts 
as  such  tax  collector,  with  the  Comptroller  of  Public 
Accounts:  Provided,  that  he  shall  first  obtain  the  writ- 
ten consent  of  the  securities  on  his  ofiicial  bond  for- 
such  extension,  and  file  the  same  in  the  ofiice  of  the 
Comptroller  of  Public  Accounts  before  this  act  shall 
take  eflec't. 

Approved,  November  27,  1861. 


No.  274.]  AN  ACT 

To  refund  to  Andrew  J.  Crawford,  tax  collector  of 
Marengo  county,  a  certain  amount  of  money  paid 
into  the  State  Treasury  by  mistake. 

Sec;  1.  Be  it  'enacted  hij  the  Senate  and  House  of  Rei^re' 
sentativcs  of  the  State  of  Alabama  in  General  Aseemhlij 


245  1861. 

convened,  That  the  Comptroller  of  Public  Accounts  be 
authorized  to  issue  his  warrant  on  the  State  Treasurer 
in  favor  of  Andrew  J.  Crawford,  tax  collector  of  Ma- loi  25 appropri- 
reng-o  county,   for  the  sum   of  ninety-one  dollars  and  pL>TO°ni?**^'' 
twcntj'-five  cents,  being  amount  paid  by  him  into  the  ' 
treasur}-,  in  excess  of  the  taxes  assessed  against  R.  R. 
Pickering,  in  the  year  18G0,   and  paid  into  the  State 
treasury,  without  having  been  collected  by  the  collector, 
to  be  paid  out  of  any  money  in  the  treasury,  not  other- 
w-ise  appropriated. 

Approved,  IS^ovember  8,  1861. 


jSTo.  275.]  AN  ACT 

For  the  relief  of  David  Deshler. 

Sec.  1.  Be  it  enacted  b>/  the  Senate  and,Iiousc  of  Repre- 
sentatives of  the  State  of  Alo.bama  in  General  Assembhj 
convened.  That  the  sum  of  eighty-nine  dollars  be,  and  $S9 appropriated 
the  same  is  hereby  appropriated  to  reimburse  David  o^stltTtareT 
Deshler,  of  Franklin  county,  the  said  Deshler  being 
overcharged  with  that  amount  in  his  State  tax  for  the 
year  1860. 

Sec,  2.  Be  it  further  enacted,  That  the  Comptroller  comptroller  to 
of  Public  Accounts  is  hereby  required  to  draw  his  war- ^'■"^'''"^'^■•'■'■='"' 

1  o  m  {  t  t  for  It. 

rant  on  the  btato  ireasurer  tor  the  above  amount,  out 
of  any  money  in  the  treasury  not  otherwise  appro- 
priated. 

Approved.  November  27,  1861. 


No.  276.  AN  ACT 

For  the  relief  of  James  Alaherg,  late  Tax  Collector  of 
Calhoun  county. 

Sec.  9.  Be  it  enacted  by  the  Senate  and  House  of  Bcpre- 
sentativcs  of  the  Stale  of  Alabama   in   General   Assembhj 
convened,  That  tUe  Comptroller  of  Public  Accounts  be,  »499  77appropri- 
and  he  is  hereby  required  to  draw  his  warrant  on  the'*"'  ''"■'^*™"8e« 
State  treasurer  in  favor  of  James  Maherg,  late  tax  col- 
lector of  Calhoun  county,  for  the  sum  of  four  hundred 


1861-  .  •  246 

and  ninety-nine  dollars  and  seventy-seven  cents,  being 
the  amount  of  damages  obtained  against  him  on  his  of- 
ficial bond  as  a  defaulting  tax  collector  of  said  county. 
?ii5o  68  appro    foi"  the  year  1859,  paid  by  said  tax  collector  and  his  se- 
i.nated«or inter-  curities,  as  defaulting  to  pay  said  tax  according  to  law, 
and  the  further  sum  of  one  hundred  and  fifty  dollars 
and  sixty-eight  cents  interest  that  accrued  thereon. 
Approved,  December  9,  1861. 


I 

No.  277.]  AIs^  ACT 

For  the  relief  of  B.  F.  Scale,  of  Choctaw  county. 

Section  1.     Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  be,   and  he  is  hereby 
authorized  and  required  to  enter  a  release  and  full  dis- 
rSe  certain    charge  ou  the  books  of  his  office  of  the  amount  of  taxes 
taxes.  charged  against  B.  F.  Scale,  as  tax  collector  of  Choctaw 

county,  returned  in  a  supplemental  abstract  of  assess- 
ment of  lands  in  said  county,  for  the  year  1858,  as  as- 
sessed against  the  Mobile  and  Ohio  Bail  Road  Company, 
and  that  he  be  released  and  discharged  from  the  pay- 
ment to  the  State  treasury  of  the  amount  of  said  taxes. 
$53  50  appropri-      Sec.  2.  Bc  it  further  enacted,  That  the  Comptroller 
satitnlnd"!^*-"'  ^^^'^^"^  ^  Warrant  on  the  State  treasury  in  favor  of  B.  F. 
penses.  Scalc,  for  the  sum  ot  fifty-five  dollars  and  fifty  cents,  to 

compensate  him  for  services  as  tax  collector  of  Choctaw 
county,  in  1858,  and  for  expenses  incurred  by  him  in 
the  legal  prosecution  of  the  duties  of  his  said  office,  in 
advertising  certain  lands  of  the  Mobile  and  Ohio  Rail 
Road  Company,  supposed  to  be  subject  to  taxation,  and 
in  defending  a  chancery  suit  in  relation  thereto. 
Approved,  December  9,  1861. 


247  •  186L 

No.  278.]  AN  ACT 

For  the   relief  of  W.  P.  Spinks,  late  tax  collector  of 
Choctaw  county. 

Whereas,  W.  P.  Spiuks,  tax  collector,  of  Choctaw 
count}'  for  the  year  1860,  bid  off  lands  for  the  State, 
under  the„provisions  of  section  464  of  the  Code,  to  the 
amount  of  five  hundred  and  forty  dollars  and  fifty-five 
and  one-half  cents,  (|540  55^,)  but  omitted  to  deliver  a  Prcanibie. 
certificate  of  purchase  to  the  comptroller  at  the  time 
required  by  said  section,  whereby  he  is  accountable  for 
said  sum  on  settlement  with  the  comptroller,  therefore, 
for  the  relief  of  the  said  W.  P.  Spinks, 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatkcs  of  the  Slate  of  Alabama  in  General  Asfienibhj 
convened.^  That  if  the  said  W.  P.  Spinks  will,  within  ten  ^^j^,,;^  ^^  .j^^^ 
days  from  the  date  of  the  approval  of  this  act,  deliver  to 
the  conjptroller  of  this  State  a  certificate  of  the  pur- 
chase of  the  lands  by  the  State,  which  were  sold  by  him 
as  tax  collector  of  said  Choctaw  county  for  the  year 
1860,  showing  the  amount  bid  to  be  $540  55|  or  any 
other  sum,  the  comptroller  shall  receive  such  certificate 
and  the  said  W.  P.  Spinks  shall  be  released  from  ac-xo  be  released, 
counting  for  taxes  due  from  him,  as  such  tax  collector 
for  said  year,  to  the  extent  of  the  amount  shown  by  the 
certificate  to  have  been  bid  for  the  lauds  specified  in 
the  certificate. 

Approved,  November  29,  1861. 


No.  279.]  AN  ACT 

For  the  relief  of  Levi  F.  Warren  and  others. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep' 
resentatives  of  the  State  of  Alabama  in  General  Assemhhj 
convened,  That  the  Comptroller  of  Public  Accounts  be,  compiVoiionu 
and  he  is  hereby  authorized    and  required   to    make  a  ""*^'^**"^*^*'°^ 
settlement  with  Levi  F.  Warren,  William  J.  Thomp- 
son, Alva  Ashford  and  George  W.  Gray,  securities  for 
William  F.  Rose,  late  tax  collector  for  Lawrence  coun- 
ty,  and   in    such  settlement  to  allow  said  securities  aMusiaiiow. 
credit  for  all  amounts  due  by  insolvents  on  the  assess- 


1861.  '  248 

ments  of  taxes  in  said  county,  as  shall  appear  by  the 
certificate  of  the  court  of  county  commissioners  for  the 
county  of  Lawrence;  also  to  allow  said  securities  a 
credit  for  any  amount  erroneously  collected  from  them 
in  any  settlement  made  heretofore,  or  for  any  amount 
erroneously  rendered  against  them  by  any  judgment  on 
the  official  bond  of  said  collector,  and  collected  of  theni; 
also  a  credit  for  all  commissions  on  any  amount  paid  in 
by  said  securities  as  aforesaid,  and  not  returned  to  them 
Proviso.  as  provided  by  this  act :  Provided,  The  said  comptroller 

in  such  settlement  shall  deduct  from  the  amounts  so 
allowed,  such  amount  as  may  have  been  necessarily  ex- 
pended by  the  State  in  any  suit  against  said  tax  col- 
lector and  his  said  securities;  and  on  such  settlement 
the  comptroller  shall  draw  his  warrant  on  the  treasurer 
in  favor  of  such  securities  for  such  sum  as  may  be  found 
justly  due  them. 

Approved,  December  9,  1861. 


IS  0.  280.]  AN  ACT 

For   the   relijaf  of  Willis   Farriss,    sheriff  of  Winston 

county. 

Sec.  1.  Be  it  enacted  hy  the _  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
Comptroller  to  and  he  is  hereby  required,  to  draw  his  warrant  upon 
the  State  Treasurer  in  favor  of  Willis  Farriss,  sheriff  of 
Winston  county,  for  the  sum  now  allowed  by  law  for 
like  services,  for  convejnng  one  Frederick  F.  Price  to 
the  penitentiary,  and  who  the  warden  or  lessee  refused 
to  take  charge  of,  in  consequence  of  some  apparent  in- 
formality in  the  certificate  of  the  clerk  of  the  circuit 
court  of  Winston  county,  directing  the  warden  to  take 
charge  of  said  convict. 

Approved,  November  27,  1861. 


draw  his  warrant 


The  reason. 


249  1861. 

No.  281.]  AN  ACT 

For  the  relief  of  George  Field,  sherift'  of  Greene  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized,  to  draw  his  warrant  on  the  ^^^ appropriated 
State  Treasurer  in  favor  of  George  Field,  sheriff  of 
Greene  county,  for  the  sum  of  eighty- four  dollars  to  be 
paid  out  of  any  moneys  not  otherwise  appropriated,  for 
keeping  State  prisoners  in  the  jail  of  said  county  during 
the  year  of  1861. 

Approved,  December  10,  1861. 


No.  282.]  AN  ACT 

For  the  relief  of  Richard  Hudson,  slierift*  of  Jefferson 

county. 

•  Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  tlie  Comptroller  of  Public  Accounts  be, 
aTul  he  is  hereby  authorized  and  required,  to  draw  his 
warrant  on  the  treasurer  in  favor  of  Richard  Hudson, 
sheriff  of  Jefferson  county,  for  the  sum  of  forty-five  '"'•'f"'"'"'"' * 
dollars,  to  compensate  him  forgoing  at  the  order  of  the 
circuit  court  of  Jefferson  county,  to  Lebanon,  in  De- 
Kalb  county,  after  one  Henry  Ellis,  who  was  confined^, 

,,         ••i/'^i         ^    ,j  .        I'i  c  ■        The  rwiflon. 

m  the  jail  or  the  latter  county  by  virtue  or  a  capias 
issued  from  tlie  circuit  court  of  the  said  county  of  Jef- 
ferson. 

Approved,  December  9,  1861. 


No.  283.]  AN  ACT 

For  the   relief  of  Washington   BraketiekJ,    jailor   of 
Chambers  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep^ 
resentaiives  of  the  State  of  Alabama  in  General  Assembly 


1861. 


250 


convened,  That  the  Conjptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized  and  required,  to  draw  his 
warrant  on  the  Treasurer  of  the  State  in  favor  of  Wash- 
$16 appropriated  iugtou  Brakeficld  for'the  sum  of  sixteen  dollars,  to  pay 
the  guard  summoned  to  guard  William  Holmes,  remov- 
ed from  the  jail  of  said  county  on  account  of  his 
health. 
Approved,  December  9,  1861. 


No.  284.] 


AN  ACT 


$296  80  appro- 
priated. 


Proviso. 


For  the   relief  of  John  P.  Howard,  jailor   of  Butler 

county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized  and  required,  to  draw  his 
warrant  on  the  State  Treasurer  for  the  sura  of  two  hun- 
dred'and  ninety-six  dollars  and  eighty  cents,  in  favor 
of  John  P.  Howard,  jailor  of  Butler  county:  Provided, 
That  the  said  Howard,  before  he  shall  be  entitled  to  draw 
said  sum,  shall  file  in  the  office  of  the  comptroller  his 
affidavit  or  other  proof,  that  the  persons  fed  by  him 
and  set  forth  in  his  account  are  insolvent. 

Approved,  November  28,  1861. 


%m  69  for  9 
Love. 


No.  285.] 


AN  ACT 


For  the  relief  of  Fielding  Love,  jailor  of  Calhoun  coun- 
ty, and  other  person^  therein  named. 

Section  1.  Be  it  enacted  by  the  Senate  and  Souse  of 
Bepresentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  required,  to  draw  his  warrant  on  the 
State  Treasurer  in  favor  of  Fielding  Love,  jailor  of  Cal- 
houn county,  for  the  sum  of  four  hundred  and  ninety 
dollars  and  sixty  cents,  due  him  for  feeding  prisoners 
in  said  jail. 
$T6  for  J.  Helton     Also  in  favop  of  Jamcs  Helton,  of  Henry  county, 


,  251  1861. 

the  sum  of  seventy-five  dollars,  for  pursuing  and  arrest- 
ing Williani  Burnham,  a  fugitive  from  justice. 

Also  in  favor  of  Thomas  J.  Coen,  jailor  of  Pickens  $393  so  for  t.j. 
county,  for  the  sum  of  three  hundred  and  ninety-three  ^°''"' 
dollars  and  thirty  cents,  for  feeding  prisoners  in  the  jail 
of  said  county. 

Also  in  favor  of  Andrew  Lawson,  sheriff  of  Tallade- J9t  95for  An- 
ga  county,  for  the   sum   of  ninety-seven  dollars   and  ^'"'''' ^'^^'^ 
ninety-five  cents,  for  bringing  John  W.  Evans,  a  prison- 
er, from  Russell  county  to  Talladega  county  for  trial.  • 

Approved,  December  9,   1861. 


No.  286.]  AN  ACT 

For   the  relief  of  W".  B.  Livingston,  jailor  of  Perry 

county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  Comptroller  of  Public  Accounts  be  ^'M^  •*? "ppi^*- 

•  1         •         1  T   •  I        m  £      1       pnatcd. 

auihonzed  to  draw  his  warrant  on  the  Ireasurer  or  the 
State  in  favor  of  W.  B.  Livingston,  jailor  of  Perry 
county,  for  the  sum  of  four  hundred  and  forty-two  dol- 
lars and  forty  cents,  to  be  paid  out  of  any  money  in  the 
treasurj'  not  otherwise  appropriated.  ^ 

Approved,  November  29,  1861. 


No.  287.]  AN  ACT 

For  the  relief  of  William  Owens,  jailor  of  Kandolph 

countyi 

Whereas,  William  Owens,  jailor  of  Randolph  coun-PreamWo. 
ty,  has  victualed  William  Anderson,  an  insolvent  con- 
vict, from  the  6th  day  of  March,  1861,  to  the  6th  day 
of  September,  1861;  and  whereas,  the  fall  term,  1861, 
of  the  circuit  court  for  said  county  has  not  been  holden, 
80  that  the  said  William  Owens  could  have  his  account 
proven  and  certified  to  according  to  law: 

Sec.  1.  Be  it  therefore  enacted  by  the  Senate  and,  House 
of  Representatives  of  the  State  of  Alabama  in  General 


1861. 


252 


ated 


AssemUy  convened,  That  the  sum  Of  seventy-three  dol- 
$T3  60  appropri-  ]ars  and  sixty  cents  be  allowed  the  said  William  Owens, 
,  to  be  paid  out  of  any  money  in  the  treasury  not  other- 
wise appropriated,  and  the  Comptroller  of  Public  Ac- 
counts is  hereby  authorized  to  draw  his  warrant  on  the 
treasurer  for  the  above  amount  in  tavor  of  the  said 
William  Owens. 

Approved,  December  7,  1861. 


$€01  80  appro- 
priated.. 


No.  288.] 


AN  ACT 


For  the  relief  of  A.  Scogin,  jailor  of  Dallas  county. 

Sec.  1.  Be  it  enaciedbg  the  Senate  end  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  comptroller  be,  and  he  is  hereby  au- 
thorized and  required,  to  draw  his  warrant  on  the 
treasurer  in  favor  of  A.  Scogin  for  the  sum  of  six  hun- 
dred and  one  dollars  and  eighty  cents,  to  be  paid  out  of 
any  moneys  in  the  treasury  not  otherwise  appropriated. 

Approved,  December  6,  1861. 


$191  60  appro 
priated. 


Ko.  289.] 


AN  ACT 


For  the  relief  William  D.  Walker,  jailor  of  Marshall 
county. 

Sec.  1.  Be  it  enacted  by  the  Henate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized  and  required,  to  draw  his 
warrant  on  the  State  Treasurer  for  the  sum  of  one  hun- 
dred and  ninety-one  dollars  and  sixty  cents  in  favor  of 
William  D.  Walker,  jailor  of  Marshall  county. 

Approved,  December  9,  1861. 


253.  1861. 

Ko.290.]-  AN"  ACT 

For  the  relief  of  Griffin  White,  jailor  of  Marion  county. 

Sec.  1.  Beit  enacted  by  the  Senate  and  House  of  Repre- 
sentatives of  the  State  of  Alabama  iiPOeneral  Assembty 
convened,  That  the  comptroller  be,  and  he  is  hereby  re- 
quired, to  draw  his  warrant  on  the  treasurer  in  favor  of  prtaVd."^^'^''' 
GritHn  White  for  the  sum  of  one  hundred  and  twenty 
and  eighty  hundrcths  (h)llars,  to  he  paid  out  of  any 
moneys  in  the  treasury  not  otherwise  appropriated. 

Approved,  December  5, 1861. 


No.  291.]  AN  ACT 

For  the  relief  of  A.  G.  Mabry. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  H6use  of  Rcpre' 
scntatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  be,  and  is  hereby  ^^^t'ior-p^^^jj^j^,{,g'j, 
ized  to  issue  a  patent. to  A.  G.  Mabry,  of  Dallas  county,  s"ed. 
for  the  east  half  of  the  north-west  quarter  of  section 
sixteen,    township  twenty-one,    rano^e  three,   west,    in 
Sumter  county;  and  the  cast  half  of  the  north-east  quar- 
ter of  said  section,   with  the  exception  of  live  acres 
thereof,  reserved  by  the  commissioners  of  said  township 
for  the  site  of  a  school  house,  upon  satisfactory  proof- 
being  made  that  said  Mabry  has  paid  for  said  land,  and 
that  he  is  tFie  owner  thereof. 

Approved,  November  2-2,  1861.  . 


No.  292.]  AN  ACT 

For  the  relief  of  Willia;.,  0.  Royor  and  George  F. 
Guiser,  trustees  of  '''wwuslnp  8,  Kar)ge  14,  of  the 
county  of  Franklin 

Section  1.  .       y  the  Senate  and  Home  of 

Reprcsoitatives  >■  -      lalxntvi  hi  General  Assembly 
convened,  TIim*  -le  hundred  and  nine  dol- »io9  zo appro- 

\av9  an«i  twct  .  the  same  is  hereby  appro- '"^'*'*'^' 


1861. 


254 


t'or  tuition. 


Out  of  Educa- 
tional fund  of 
1861. 


priated  to  William  0.  Royer  and  George  F.  Gruiser,  in 
payment  of  the  tuition  of  eighty-four  scholars,  the 
number  ascel'taiued  by  the  enumeration  for  said  town- 
ship for  the  year  1860. 

Sec.  2.  Be  it  fy^the,t  enacted,  That  the  Comptroller 
shall  draw  his  warrant  for  the  said  sura  of  money  on 
the  treasury,  to  be  paid  out  of  the  appropriation  for  the 
State  educational  fund  for  the  year  eighteen  hundred 
and  sixty-one. 

Approved,  December  9,  1861. 


1^0.  293.]  A'E  ACT 

For  the  relief  of  certain  parties  therein  named. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Bepre* 

sentatives  of  the  State  of  Alabama  in  General  Assembly 

j>aiehts  to  be  is-  convcned,  That  the  land  commissioner  be  and  is  hereby 

sued  by  commis-  authorized  to  issue  a  patent  to  James  Hoge,  of  De  Kalb 

iaX.  '  '    "county  for  the  K  E.  i  of  K  W.  J  of  S.  13,  T.  9,  R.  7; 

Jacob  Otten,  of  Cherokee  county,  for  the  S.W.  ^  of  IS". 

W.  1  of  S.  3,  T.  10,  R.-ll;  Ezra  Atteway,  of  Cherokee 

county,  for  S.  W.  i  of  S.  W.  of  S.  28,  T.  10,  R.  11 ; 

James  Furinage,  of  Cherokee  county,  S.W.  ^  of  N.  "W". 

i  of  S.  11,  T.  12,  R.  6 ;  James  R.  Wilsofi,  of  Cherokee 


county,  for  S.  W.  fof  H.  W. 


iof 


S.  3,   T.  11,  R.  8 


Philip  Archer,  of  Talladega  county,  KW.  i  of  KW.  i 
of  S.  21,  T.  13,  R.  6;  Benj.  F.  Nickols,  of  Talladega 
county,  N.  VV,  i  of  S.  E.  i  of  S.  19,  T.  23,  R.  3  ;  Samuel 
L.  Dickson,  of  Cherokee  county,  K.  W.  J  of  N.W.  ^  of 
S.  27,'  T.  8,  R.  10;  Thosas  W.  Williamson,  of  Talla- 
dega  county,  S.  E.  i  of  S.  E.  J  of  S.  17,  T.  21,  R.  6; 
all  lying  in  the  Coosa  land  district,  being  subject  to 
entry  under  an  act  of  congress,  approved  August  llthj 
1848. 
in  case  of  death  ^^^*  2-  Be  it  further  enacted-,  That,  in  the  event  of  the 
^oie^ga^i represent  death  of  auy  of  the  abovc  named 'parties,  that  the  land 
commissioner  is  hereby  authorized  to  issue  patents  to 
the  legal  representatives  of  said  parties. 

Sec.  3.  Be  it  further  enacted,  That  the  Comptroller  of 
Public  Accounts  is  hereby  authorized  to  place  in  the 
treasury  of  the  State  of  Alabama  three  hundred  and 


Comptroller  to 
)?ut  $850  28  in 
the  treasury. 


256  1861. 

Afty-uitte  dollars  and  twenty-three  cents,  the  amount  of 
the  entrance  money  of  the  above  described  lands. 
Approved,  December  9,  1861. 


No.  294.]  AN  ACT 

For  tlie  relief  of  the  citizens  of  Township  No.  twelve 
and  Range  twenty-two,  in  the  county  of  Pike  and 
State  of  Alabama. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Eep- 
I'eseutatives  of  the  Stale  of  Alabama  in  General  Assembly 
convened.  That  the  commissioners  of  Township  No.  rp^ gg,,  ^  certain 
tweU'e,  and  Range  No.  twenty-two,  be,  and  they  are  {,-5[4°n *""*"' 
hereby  authorized  to  advertise  and  sell,  according 
to  the  provision  of  the  law  regulating  the  sale  of  lands 
in  sixteenth  section — that  part  of  the  sixteenth  section 
in  township  No.  twelve,  and  Range  No.  twenty-two, 
originally  bought  by  one  James  Clarkston,  who  failed 
to  comply  with  the  law,  in  paying  therefor. 

Approved,  December  7,  1861. 


No.  295.]  AN  ACT 

For  the  relief  of  A.  L.  Montgomery,  of  Lawrence 
county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Ilepre- 
sentat'kcs  of  the  State  of  Alabama  in  General  Assembly 
convened)  That  the  Governor  of  the  State  be,  and  he  is  fatem  to  iwue, 
hereby  authorized  to  issue  a  patent  to  A.  L.  Montgom- 
ery, of  Lawrence  county,  to  the  north  half  of  the  north- 
east quarter,  and  the  south  half  of  the  north-east  quarter, 
in  section  16,  township  7,  and  range  8,  west,  in  the 
county  of  Lawrence,  State  of  Alabama,  upon  satisfac- 
tory proof  being  made  that  said  land  has  been  paid  for,  pro  .r  to  be  mad* 
and  that  the  said  Montgomery  is  the  proper  owner  of 
the  same. 

Approved,  November  22,  1861. 


188.1.  258 

No.  296.]  AK  ACT 

For  the  relief  of  William  H.  Colemau. 

Section-  1.  Be  it  enacted  hythe  Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened^  That  the  sum  of  three  hundred  and  thirt^'-iive 
^335 appropria-  ciollars  be  paid  to  William  H.  Coleman,  of  Sumter 
county,  to  reimburse  him  in  the  amount  that  he  ex- 
pended in  arresting  Robert  J.  Allison,  a  fugitive  from 
justice  in  Texas,  on  the  requisition  of  the  Governor  of 
this  State,  and  bringing  him  back  to  Sumter  county  in 
this  State,  where,  he  was  indicted  for  felony;  which  said 
sum  shall  be  paid  to  said  Coleman  out  of  any  money  in 
the  treasury  not  otherwise  appropriated. 
Approved,  December  10,  1861. 


No.  297.]  AN  ACT 

For  the  relief  of  William  Huggins,  of  Pike  county. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be 
fcqsappropriated  authorized  to  draw  his  warrant  on  the  State  Treasurer 
in  favor  of  William  Huggins,  of  Pike  county,  for  the 
sum  of  sixty-five  dollars,  for  expenses  in  apprehending 
William  A.  Mize,  charged  v/ith  the  murder  of  D.  J. 
Everett,  to  be  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 
Approved,  December  5,  1861, 


No.  298.]  AN  ACT 

To  compensate  W.  J.  Matthews,  and  others. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep^ 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  W.  J,  Matthews,  Hugh  Caperton  and 
Thomas  Gipson  shall  be  entitled  to  receive  as  compen- 
sation for  their  services,  in  bringing  to  justice  thieves 


2o7  1861. 

tTameStPenland,  Morgan  Ashbuni  and  John  Asliburn, 
the  sum  of  seventy-seven  dolhirs,  and  that  the  Comp- $?7npproprintcd 
troller  of  Public  Accounts  bo,  and  lie  is  hereby  required 
to  draAy  his  warrant  on  the  State  Treasurer,  in  favor  of 
\V".  J.  Matthews,  Hugh  Caperton  and  Thomas  Gipson, 
for  the  amount  speciiied  in  this  act. 
Approved,  December  6,  18G1. 


No.  299.]  AjST  act 

For  the  relief  of  John  Camp,  of  Jefrcrson  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resenfativcs  of  the  State  of  Alabama  in  General  Assemhhj 
convened,  That  John  Camp,  of  Jefferson  county,  be,  and  Relieved  from 
is  liereh}'  relieved  and  exonerated  from  any  penalty  or  <^criain  ponaiiiea 
penalities  heretofore  incurred  b}'  the  violation  of  "An 
act  to  re<]^alate  the  sale  of  spirituous  liquors  in  the 
town  of  Elyton,"  approved  December  16th,  1851,  and  of 
"An  act  amendatory  of  said  act,"  approved  January 
25th,  1860.       . 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  not  be  Act  not  i..  apply 
held  to  apply  to  any  penalty  heretofore  imposed  by  the  1"^.,"''*'"  '"^"'''" 
circuit  court  of  said  county  upon  the  said  John  Camp, 
for  the  violation  of  the  above  mentioned  acts. 

Sec.  3.  And  he  it  further  enacted,  That  to  entitle  the  Must  pay  aii  tuo 
said  John  Camp  to  the  relief  provided  by  this  act,  lie.*^'*"' 
shall  pay  a"ll  costs  that  may  have  heretofore  accrued  in 
his  i)ro«ccution  for  the  violation  of  said  acts  of  1851 
and  1860. 

Approved,  December  10,  1861. 


Kg.  800.]      •  AN  ACT 

To  relieve  the  citizens  of  Pine  Level,  in  \ho  ocwwAv  of 
Montgomery. 

Si:n.  ].  Be  it  enacted  hj  the  Senate  and  House  of  Bep- 
»■'  '  '■'  of  the  State  of  Alabama  in  General  Asarmhbj 

rc'"  That  the  act  entitled  "An  act  to  prevent  tho 

IT 


1861.  i^58 


retail  of  spirituous  liquors  within  two  miles  of  the  Bap- 
Act  of  isos  re-    tist  church,  near  Pine  Level,  in  the  county  of  Mont- 
gomery," approved  January  25th,  1858,  be,  and  the 
same  is  hereby  repealed. 

Sec.  2.  And  be  it  further  enacted,  That  the  inteudant 


pealed. 


Intendcnt  con 


of  Peace, 


stituted  Justice  of  tlic  Corporation  of  Line  Level,  in  the  county  of  Mont- 
gomery, be,  and  he  is  hereby  constituted,  ex  officio,  a 
justice  of  the  peace,  upon  his  giving  bond  and  cbmply- 
ing  in  all  respects  with  the  law  in  relation  to  justicea 
of  the  peace. 
Approved,  l!^ovember  30,  1861. 


No.  301.]  AN  ACT 

For  the  relief  of  insane  convicts  in  -the  Peiiitentiaryi 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
Physician  to  re-  convencd,   That  the  physician  of  the  penitentiary  shall 
P"""''  rq3ort  to  the  Governor  the  names  of  all  the  insane  con- 

victs that  are  now  or  may  hereafter  be  imprisoned  in 
the  penitentiary,  as  often  as  such  cases  shall  occur. 
Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty 
amine  and  *re!'^  of  the  Govcmor,  whcu  any  case  of  insanity  is  reported 
po""^-  to  him,  as  provided  for  in  the  first  section  of  this  act, 

to  appoint  three  physicians  of  skill  and  experience,  of 
whom  the  physician  of  the  penitentiarj'-  shall  be  one,  to 
examine  the  persons  reported  to  be  insane,  and  report 
to  him  the  result  of  such  examination;  aild  if  said  board 
of  physicians  shall  report  »uch  person  insane,  and  a  fit 
subject  for  the  hospital  for  insane  persons,  it  shall  be 
the  duty  of  the  Governor  to  cause  such  person  to  be 
removed  to  the  hospital  for  insane  persons  at  Tuska- 
loosa,  at  the  cost  of  the  State. 
^ Sec.  3.  Be  it  further  enacted.  That  if  such  inssine  con' 

Disposition  ol  m-      .,..,.•'  .  '  ini  -i 

sane  convicts,  vict  DC  lu  indigent  circumstauces,  lic  shall  be  supported, 
while  in  the  hospital,  as  now  provided  for  by  law  for 
other  indigent  insane ;  and  if  he  should  be  restored  to  his 
proper  mind  before  his  terra  of  imprisonment  expires, 
he  shall,  upon  the  order  of  the  Governor,  be  returned 
to  the  penitentiary,  or  discharged,  as  to  the  Governor 
shall  seem  most  proper. 

Approved,  December  9,  1861. 


250  1S61. 

Ko.  302.]  AN  ACT 

For  the  relief  of  certain  slaves  therein  named. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State,  of  Alabama  in   General  Assembly 
■convened.  That  Jack,  Ellen,  Nicholas,  Susan,  Napoleon,  Names  of  slaves 
otherwise  called  Bonaparte,  and  Mary,  the  slaves  of  the 
estate  of  Albert  G.  Abercrombic,  deceased,   be,    and 
they  are  hereby  respectively  authorized  to  choose  mas- Authority  to 
ters,  by  and  with  the  consent  of  the  executor  of  said '^'"'*"'^ "**""*• 
estate,  so  far  as  to  enable  them  to  remain  in  slavery  in 
the  State  of  Alabama. 

Sec.  2.  Be  it  farther  enacted,  That  should  it  be  the  Nccewnry pro- 
desire  of  the  above  named  slaves  to  remain  in  slavery, '^'■■^'''"^'" 
it  shall  be  their  duty  to  file  an  application  in  writing  in 
the  probate  court  of  Montgomery  county,  setting  forth 
their  wishes  and  desire  in  the  premises;  whereupon  it 
shall  be  the  duty  of  the  judge  of  probate  to  examine 
the  parties  making  said  application,  in  such  manner  as 
he  may  deem  best,  as  to  their  true  wnsh  and  desire  to 
remain  in  slavery ;  and  if  said  judge  of  probate  is  sat- 
isfied that  the  statements  set  forth  in  the  application 
are  true,  it  shall  be  the  duty  of  said  judge  of  probate  to 
require  of  the  person  so  selected,  or  chosen  as  master, 
to  file  his  assent  in  writing  to  become  the  master  of 
said  slaves;  and  if  upon  the  examination  of  the  said 
negro  slaves,  the  executor  of  said  estate,  and  the  mas- 
ter so  chosen,  the  judge  of  probate  is  satisfied  that  the 
master  chosen  is  of  good  moral  character,  and  that  the 
arrangement  is  satisfactory  to  all  parties  concerned,  it 
shall  be  the  duty  of  said  judge  of  probate  to  approve 
the  same,  and  to  decree  said  slaves  to  be  the  slaves  of 
the  person  or  persons  so  chosen  by  them  respectively, 
including  their  children  and  increase,  and  that  thence- 
forth they  shall  be  the  slaves  of  the  person  so  chosen 
by  them  :  Provided,  said  slaves  and  their  descendants 
shall  not  be  sold  under  any  legal  process  for  the  debts 
or  liabilities  of  the  master  or  mistress  they  may  choose, 
or  their  heirs  or  distributees. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  j,„,y„f  j^j^^^f 
of  the  said  judge  of  probate  to  make  a  record  of  all  the  rroi.ntc. 
proceedings  in  the  case,  and  that  either  party  shall  have 
the  right  to  appeal  from  the  decision  of  the  court,  ujider 
the  law  now  in  force  rogulating  appeals  from  the  decis-  * 


1861.  2G0 


ions  of  the  probate  courts.     The  said  judge  of  probate 
Fess,  shall  receive  ten  dollars  for  his  services,  and  the  other 

officers  such  fees  as  are  now  allowed  by  law  to  be  paid 
by  the  master  or  mistress  so  chosen. 
•Approved,  November  29,  1861. 


No.  303.]  AN  ACT 

To  relieve  certain  tax  pa^^ers  of  Mobile. 

Whereas,  the  tax  collector  of  Mobile  county,  has  in 
sundry  cases  collected  of  mercljants  in  Mobile  county  a 
harbor  tax,  under  an  act,   entitled   "an  act  for  the  im- 

]'rtamb!e.  provemcut  of  the  ba^^  and  harbor  of  Mobile,"  on  the 
gross  amount  of  their  sales;  and  whereas,  the  supreme 
court  of  Alabama  has  since  decided,  that  said  mer- 
chants v^-ere  not  liable  under  said  act  to  pay  said  tax. 

Sec.  1.  Iherefore  be  it  enacted  by  the  Senate  and  House  of 
JRepresentatives  of  the  State  of  Alabama  in  General  Assembly 

_  convened.  That  in  all  cases  where  the  tax  collector  of  Mo- 

Ccrtaui  taxea  to,.,  ,       -,  ,,  ,  ,,  ,, 

be  returned,  Diie  couuty  has  collccted  a  harbor  tax,  on  tne  gross 
amount  of  the  sales  of  any  merchant,  or  other  person, 
sellinggModsor  other  property  in  Mobile,  he  shall  return 
to  such  tax  payer  the  amount  so  collected  on  such  amount 
of  sales,  or  if  he  has  settled  with  tlie  commissioners' 
court  of  Mobile,  or  deposited  the  same  in  bank  to  their 
credit,  said  commissioners  shall  return  to  the  tax  navers 
said  tax  on  the  amount  of  sales  so  made. 
Approved,  December  4,  1861. 


No.  3U,4.J  AN  ACT 

To  authorize  John  W.  Posey  and  M.  M.  Posey  to  have 
votingprivileges  in  Blount  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  Rouse  qf  Iiep- 
reseniatives  of  the  State  of  Alabama  in  Genercd  Assembly 
eonv$ic<f  That  John  W.  Posey  and  M,  M.  Posey  be  al- 
lowed voting  privileges  in  the  county  of  Blount,  and  in- 
precinct  elections  in  the  Village  Sp'ring  precinct  in  said 


2(U  1861. 

ns  to  include  tlie  persons  aforesaid  within  the  county  of 
Blount.      • 
Approved,  November  30, 1861. 


•  "...j  AX   ACT 

For  the  relief  of  E.  John  Kirksej. 

Se<".  1.  Be  it  enacted  hy  the'  Senate  and  House  of  Bepre- 
sen'ailrcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  when  it  becomes  necessary  for 
E.  John  Kirksoy  to  take  the  oath  required  in  reference 
to  dnoling,  it  shall  be  in  point  of  time  confined  to  the 
1st  of  January.  1860. 

Aiiproved,  December  10,  1861. 


JS'o.  aUG.J  '      AN.  ACT 

For  the  relief  of  John  McMay,  of  Pike  connty. 

iStc.  1.  Be  it  enacted  by  the  Senate  and  House  of  Eep. 
reseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  John  McMay,  a  citizen  of  Pike  county, 
be  and  is  hereby  autliorized  and  allowed  to  peddle  for 
the  sale  of  drugs,  ruedicines  and  dvy  goods  within  said 
county  of  Pike  alonCf,  until  this  act  shall  be  repealed, 
upon  his  payment  into  the  State  Treasurj'  directl}-,  of 
a  license  tax  of  ten  dollars  for  the  privilege,  and  taking 
the  treasurer's  receipt  therefor. 

Approved,  December  10,  1861. 


For  liic  relief  of  lioberl  E.   lianvood  and  W 


Jii  ^u'l  ■■■•  ix'iilJr.cs  of  f" 

coHCChcd,  That   IluUcit   1l.    llarwuud   ana    \\  liliaui  J-. 


1861.  262 

Pearson,  druggists,  doing  business  in  Gainesville,  in  this 
neiieved  from  State,  undcF  the  firm  of  Pearson  &  Harwood,  be  and 
certain pena  ties  ^^^^^^^^  hereby  relieved  from  all  the  penalties  and  dis- 
abilities they  may  have  incurred  under  section  980  of 
the  Code  of  this  State,  previous  to  the  passage  of  this 
act. 

Sec.  2.  Be  it  further  enacted,  That  all  the  provisions 
feS'tow^j.  of  this  act  shall  inure  to  the  benefit  of  William  J. 
Nichols.  Nichols,  druggist  in  the  town  of  Livingston,  Alabama. 

Approved,  November  9,  1861. 


No.  308.]  AN  ACT 

For  the  relief  of  the  Editors  of  the  Montgomery  Ad- 
vertiser. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  JRep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized  and  required,  to  di;aw  his 
155 appropriated  warrant  ou  the  State  Treasurer  in  favor  of  the  Editors 
of  the  Montgomery  Advertiser  for  the  sum  of  fifty-five 
dollars,-  being  the  amount  for  printing  500  copies  of  the 
State  Constitution  and  stationery  furnished  the  State, 
out  of  any  moneys  in  the  treasury  not  otherwise  ap- 
propriated. 

Approved,  December  10,  1861. 


No.  309.]  AN  ACT 

For  the  relief  of  W.  B.  &  A.  R.  Bell  &  Co. 

Sec,  1.  Be  it  enacted  hy  the  Senate 'and  House  of  i?ep- 
reseniatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized  and  required,  to  draw  his 
prfa\ed.'^^'''^°  Warrant  on  the  State  Treasurer  for  the  sum  of  four 
hundred  and  sixty-one  dollars  and  ninety-three  cents  in 
favor  of  W.  B.  &  A.  R.  Bell  &  Co.,  of  Montgomery,  for 
articles  purchased  of  them  for  the  use  of  the  Oapitol.  ' 
Approved,  December  9,  1861. 


263  1861. 

No.  310.]  AN  ACT 

To  provide  for  compensating  Richard  F.  Cook,  and 
Willis  W.  Jackson,  and  E.  H.  Gordy,  for  copying 
maps  for  the  use  of  this  State. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Treasurer  of  the  State  be,  and  he  is 
hereby  authorized,  to  pay  to  AVillis  W.  Jackson,  upon  Appropriates 
the  warrant  of  the  Commissioner  of  Public  Lands,  the  '^'^  '^"'^^*'^  '"° 
sum  of  two  hundred  and  nine  dollars  for  copying   for 
the  use  of  the  State  two  hundred  and  nine  maps  in  the 
laud  office  at  Center;  and  that  the  treasurer  be  author- 
ized, upon  the  warrant  of  the  commissioner,  to  pay  to 
Richard  F.  Cook  the  sum  of  three  hundred  and  forty- j!S;'^|,;^ 
iiva  dollars,    for  copying  for  the  use  of  the  State  two 
hundred  and  thirty  maps  at  the  land  office  at  Elba; 
and  to  E.  II.  Gordy,  of  Washington  county,  one  hundred  Appropmies 
and  sixty-five  dollars,  for  like  services,  at  the  land  office  «"» f"^  oordy. 
at  St.  Stephens. 

Approved,  December  7,  1861. 


No.  311.  AN  ACT 

For  the  relief  of  Thos.  F.  Parker  and  others. 

Sec.  1.  Be  it  enacted  by  the  Soiate  and  Hon se  of  Itepre- 
sentatioes  of  the  State  of  Alabama  in  General  Assc)id>hj 
onvened,  That  the  Comptroller  of  Public  Accounts  be, 
and  he  is  hereby  authorized  and  required,  to  draw  his  Appn.phaici 
warrant  on  the  State  Treasurer  in  favor  of  Thomas  F.  ^-f^'^^'^'  ^"■ 
Parker  for  the  sum  of  two  hundred  and  sixty-five  dol- 
lars and  fifty  cents  ;  in  favor  of  Benjamin  B.  Davis  for  Appropriate! 

,,  /.      •     1   ,  •     I  i     1    11  1  \'      J.      II  i.  •      t^^  4.')  for  Da»i«. 

the  sum  ot  eighty-eight  dolhirs'and  lorty-nve  cents;   in 
favor  of  W.  B.  &  A.  R.  Bell  for  forty-four  dollars  and  Appropriate, 
forty-two  cents;  in  favor  of  Lehman  &  Bros,  for  the  sum  'i^  *^  "^^ 
of  two  dollars  and  twenty-five  cents,  to  be  paid  out  of  AppronriaiM  »2 

,,  ^     ''  .         .^  ■  a:,  for  Lchroan .t 

any    moneys   m   the    treasury    not    otherwise   ajtpro-  Bro. 
priatcd. 

Approved,  December  9,  1861. 


1861. 


Ai>|)ropriates 

4-10. 


264 

Ko.  312.]  AN  ACT 

For  tlie  relief  of  John  Powell,  of  Montgoraerj  county. 

Sec.  1.  Be  it  enacted  hy  the  Senate  aud  House  of  Rep- 
resentatives of  the  State  of  Alahaina  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  is  bereb}^  authorized  and  required,  to  draw  his  war- 
rant on  the  State  Treasurer  for  the  sam  of  five  hundred 
and  fourteen  dollars  and  forty  cents,  in  fiwor  of  John 
Powell. 

Approved,  ]S"ovember  11, 1861. 


Xo.  313.]      ■  a:^  act 

For  the  relief  of  White,  Pfister  &  Co. 

Section  1.  JBe  it  enacted  hy  the  Senate  and  House  of 
Jiejyresentatlves  of  the  State  of  Alabama  in  General  Assemble/ 
convened,  That  the  comf)troller  be,  and  he  is  herebj^  au- 
thorized and  required,  to  draw  his  warrant  on  the 
treasurer  in  favor  of  White,  Pfister  &  Co.  for  tlje  sum 
of^  nine  hundred  and  eighty-three  dollars  and  eighteen 
cents,  the  same  being;  the  amount  of  their  account  for 
stationery. 

Approved,  December  9,  1861. 


Ko.  314.] 


AN  ACT 


For  the  relief  of  James  M.  Wright,  superintendent  of 
the  Glennville  Alilitary  Institute. 

Sec.  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bepre- 
sentatives  of  the  State  of  Alabama  in  General  Assembly 
convened.  That  the  Governor  be,  and  he  is  hereby  au- 
thorized, to  issue  a  warrant  on  the  Treasury  of  the 
State  in  favor  of  James  M.  Wright,  superintendent  of 
the  Glennville  INIilitarj'  Institute,  for  the  sum  of  ninety- 
one  dollars  and  ninety  cents,  to  be  paid  out  of  au}^ 
money  uqw  in  the  treasury  not  otherwise  appropriated. 

Approved,  December  10,  18G1. 


2G5  1861. 

iS^o.  315.]  AN  ACT 

Making  an  appropriation  to  repay  a  certain  loan  there- 
in  mentioned. 

Section  "l.  Jie  it  enacted  by  tlie  /Senate  and  Jlouse  of 
llepresetdatives  of  the  State  of  Alahanui  in  General  Atisenddy 
convened,  That  such  sum  as  shall  he  sufficient  to  repay 
the  loan  of  one  hundred  thousand  dollars  ohtained 
from  the  Central  Bank  of  Alabama,  under  an  act  ap- 
proved the  25tli  Januar}',  1861,  and  the  interest  accrued 
thereon,  be,  and  the  same  is  hereby  appropriated  to 
repay  the  loan  of  one  hundred  thousand  dollars,  to  the 
said  bank,  together  with  all  the  interest  that  shall  have 
accrued  thereon  at  the  time  when  such  repayment  shall 
be  made,  out  of  the  taxes  of  1861,  wlien  the  same,  or  a 
sufficiency  thereof  for  that  jjurpose,  shall  have  been 
received  at  the  State  treasury. 

Appiioved,  December  3, 1861. 


JOINT   RESOLUTIONS. 


JOmT   RESOLUTION 

Providing  that  the  Legislature,  at  this  session,  fill  the  vacancy 
in  the  representation  of  Alabama  in  the  Provisional  Congress, 
occasioned  by  the  resignation  of  Hon.  John  Gill  Shorter. 

Whereas  a  vacancy  has  occurred  in  the  representation  of  this 
State  in  the  Provisional  Congress  of  the  Confederate  States,  which 
may  materially  endanger  the  interests  of  the  country,  and  parti- 
cularly of  this  State,  so  far  as  Congressional  influence  and  legisla- 
tion'is  concerned:  Whereas,  it  will  not  do  to  leave  anything  to 
chance  in  a  crisis  so  important  as  this;  and,  whereas,  since  we 
believe  we  possess  in  this  respect  the  same  power  we  are  capable 
of  conferring  on  the  people,  and  for  the  purpose  of  saving  the 
trouble  and  expense  of  further  legislation  by  us  and  of  an  election 
by  the  people,  which  we  believe  they  would  almost  unanimously 
deprecate;  therefore,  we  jointly  resolve, 

That  on  Saturday  next,  the  23d  instant,  the  Senate  and  House 
of  Representatives  meet  in  the  hall  of  the  House,  at  12  m.,  and 
proceed  to  the  election  of  a  representative  to  fill  the  said  vacancy 
occasioned  'by  the  resignation  of  the  Hon.  John  Gill  Shorter  of 
his  seat  in  the  Provisional  Congress  of  the  Confederate  States. 

Approved,  November  22,  1861. 


JOINT  RESOLUTIONS 

In  relation  to  the  Fourth  Regiment  of  Alabama  Volunteers. 

1.  Be  it  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Alabama  convened,  That  whilst  Alabama,  in  common 


267 

with  the  whole  Confederacy,  rejoices  in  the  triumph  of  the  Con- 
federate arms  in  the  many  battles  fought  for  the  defence  of  their 
liberties,  it  becomes  the  General  Assembly  of  the  State  to  place 
on  permanent  record  the  emotions  of  gratitude  and  pride  with 
which  Alabamians  view  the  noble  acliicvements  of  the  4th  Ala- 
bama regiment  on  the  memorable  field  of  Manassas. 
.  2d,  Resolved,  That  whilst  hereby  receiving  the  condolence  of  the 
whole  State,  the  relations  of  the  fallen  brave  who  spent  their 
heart's  blood  on  that  glorious  day,  must  be  consoled  with  the 
pleasing  reflection,  that  to  have  belonged  to  the  Alabama  4th, 
erects  a  monument  of  undying  fame  in  the  affections  of  a  grateful 
people,  and  gives  a  patent  of  republican  nobility  to  the  surviving 
heroes  of  the  tight. 

Approved,  JSTovember  G,  18G1. 


JOmT  RESOLUTION 

In  testimony  of  the  ability,  patriotism  and  fidelity  ot  Andrew  B. 
Moore,  Governor  of  the  State  of  Alabama: 

Whereas  his  excellency,  Andrew  B.  Moore,  Governor  of  the 
State  of  Alabama,  during  his  term  of  service — now  about  to 
expire — has  been  surroutided  by  extraordinary  circumstances,  pro- 
ducing unforeseen  exigencies  and  unusual  responsibilities; 

And,  whereas,  he  has  provided  for  those  exigencies,  and  met 
those  responsibilities,  with  a  determination,  sagacity  and  patriot- 
ism highly  commendable,  and  deserving  the  thanks  of  the  people 
of  this  State; 

And,  whereas,  the  cause  of  Southern  liberty  and  independence 
has  been  greatly  promoted  and  advanced  by  his  bold  and  daring 
action  in  seizing  the  forts,  arsenals  and  arms  witliin  the  State; 
and  also  by  his  judicious  and  energetic  efforts  to  feed,  clothe  and 
arm  the  soldiers  engaged  in  the  defence  of  our  rights; 

And  whereas  he  has  been  untiring  in  his  efforts  to  sustain  the 
State  in  the  extraordinary  circumstances  which  followed  her  seces- 
sion from  the  government  of  the  United  States;  therefore 

Be  it  resolved.,  luith  (he  concurrence  of  the  Senate,  That  the  present 
Governor  of  the  State  of  Alabama,  under  the  trying  circumstances 
which  have  befallen  his  administration,  has  so  acted  as  to  demon- 
strate his  devotion  to  his  country,  and  the  cause  of  Soutliern  in- 
dependence, and  has  exhibited  a  courage  and  capacity  adequate  to 


2G8 


the  emergencies  surronnding  iiim,  and  deserving  the  thanks  of  the 
State  he  has  served  with  such  marked  fidelity. 
Approved,  December  3,  1861. 


JOINT  RESOLUTION'S 
For  the  relief  of  Jas.  IT.  AVitherspoon,  and  others. 

Whereas  James  H.  Witherspoon,  of  Lauderdale;  Thomas  J. 
^McClellen,  of  Limestone;  Adolphus  A.  Hughes,  of  Franklirf; 
Canada  Butler,  of  Madison,  and  George  W.  Malone,  of  De  Kalb 
couut3\  members  of  the  House  of  Representatives  of  this  State, 
have  been  absent  from  their  seats  since  the  first  instant,  with 
leave  of  this  House,  on  business  of  a  public  nature, 

Skc.  1.  Be  it  therefore  resoloed  by  the  Senate  and  House  of  Repre- 
sentatives of  the  Slate  of  Alabama  in  General  Assembly  convened,  That 
Jame^H.Witherspoon,  Thomas  J.  McClellen,  Adolphus  A.  Hughes, 
Canada  Butler,  and  George  W.  Malone,  members  of  the  House  of 
Representatives  of  this  State,  be,  and  they  are  hereby  authorized 
to  receive  the  same  amount  of  compensation  as  if  they  had  con- 
tinued in  their  seats  until  the  close  of  the  present  session. 

Sec.  2.  Be  it  further  resolved,  That  S.  C.  Posej',  of  Lauderdale 
county,  be  authorized  to  receive  the  compensation  authorized  by 
these  resolutions  to  be  paid  to  each  of  the  members  mentioned  in 
the  foregoing  resolution,  and  his  receipts  therefor  shall  be  good 
vouchers  for  such  payment. 

Approved,  December  9,  1861. 


JOINT  RESOLUTIONS 

To  provide  for  the  printing  and  distribution  of  the  Military  Code 
of  Alabama,  and  for  other  purposes. 

1.  Be  it  resolved  hy  the  Senate  and  House  of  liepresentaiivcs  of  the 
State  of  Alabama  in  General  Assembly  convened^  That  the  Secretary 
of  State  be,  and  he  is  hereby  authorized,  to  have  three  thousand 
copies  of  the  Military  Code  of  Alabama,  and  the  several  amend- 
ments thereto,  to  be  printed,  and  that  he  distribute  the  same' to  the 
military  officers  in  the  several  counties  in  this  State,  through  the 
probate  judge  of  each  count}',  apportioning  the  number  of  copies 
to  each  county  in  proportion  to  population. 


2.  Ba  ■it  jariiier  rc^ouv',  i  iiat  nc3  di^^tributG  among  the  members 
of  the  General  Assembly  of  the  State  of  Ahibama,  copies  of  tho 
proceedings  and  debates  of  the  State  Convention,  to  each  member 
one  copy. 

Approved,  December  10,  18G1. 


JOmr  RESOLTJTIOK 

Authorizing  the  print;..;.,   ,.    r,.\. .......   hundred  ..;,,., 

Vet  to  Kcgulate  Judicial  .Proceedings,  for  distributicM- 

Be  it  resolved  by  the  Senate  and  House  of  i^epresenfatives  of  the 
State  of  Alabama  in  General  A.ssem()hj  convened)  -That  twenty-fivG 
hundred  copies  of  the  act,  entitled  an  act  to  reguhltc  judicial  pro- 
ceedings, be  printed  in  separate  sheets  as  early  as  practicable,  for 
distribution,  and  that  the  Secretary  of  State  be  instructed  to 
transrnit  said  copies  to  the  several  probafe  judges,  in  proportion 
to  the  representation  from  each  county. 

Apjiroved,  December  10,  1861. 


Kcquiring  tlic  bccrotary  of  fc-latc  to  iuinu-!i  tor  di^triUulion  coplee 
o'f  the  Ordinances  and  Constitution  of  the  State  of  Alabama, 
with  the  Constitution  of  the  Provisional  Government,  and  of 

Alabama  in  General  Assembly  convened,  That  the  Secretary  of  State 
be  and  he  is  hereby  required  to  deliver  to  each  member  of  the 
Senate  und  of  the  House  of  Representatives,  ten  cojues  of  the 
*' Ordijiances  and  Constitution  of  the  State  of  Alabania,  with  the 
Constitution  of  the  Provisional  Government,-  and  of  the  ("'>'•  f^-''- 
erate  States  of  America,"  as  now  pubi^^iled.  to  be  delivers, 
judges  of  Probate  in  each  count  ''       ' 

pro])er  officers  of  the  State. 
Decemb 


JOIOT  RESOLUTIONS 

To  the  rrovisional  Congress. 

Whereas  there  is  an  obvious  and  unjust  inequality  between  the 
Salaries  of  commissioned  officers  and  the  pay  of  non-commissioned 
officers  and  privates  in  the  provisional  army  of  the  Confederate 
States  of  America) 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  JRepresen- 
iativcs  of  the  State  of  Alabama  in  General  Assembly  convened,  That 
it  is  the  sense  of  this  General  Assembly,  that  the  pay  of  non-com- 
missioned officers  and  privates  should  be  increased. 

Sec.  2.  Be  it  further  enacted,  That  the  members  from  the  State 
of  Alabama  be,  and  they  are  hereby  requested  to  bring  the  sub- 
ject matter  of  these  resolutions  to  the  consideration  of  the  Provis- 
ional Congress  now  in  session  in  the  city  of  Richmond,  and  to 
exert  their  influence  in  favor  of  the  passage  of  a  law  in  accordance 
with  the  principles  declared  in  the  lirst  resolution. 

SeCs  3.  Be  it  further  enacted,  That  his  excellency,  the  Governor, 
be,  and  he  is  hereby  requested  to  transmit  a  copy  of  these  joint 
resolutions  to  each  one  of  the  members  from  this  State  in, the  Pro- 
visional Congress  of  the  Confederate  States^ 

Approved,  December  10^  1861. 


JOIKT  RESOLUTIONS 

Authorizing  the  Governor  to  ascertain  the  value  of  the  steamer 
Florida,  taken  for  the  public  use,  and  make  compensation 
therefor. 

Besolved  hij  the  Senate  and  House  of  Bepresefitatives  of  the  State  of 
Alabama  in  General  Assembly  convened,  That  the  Governor  be,  and 
he  is  hereby  authorized  to  ascertain  from  such  proofs  as  raify  be 
furnished  him,  or  from  such  as  he  may  be  able  to  obtain,  the 
value,  on  the  16th  of  July,  1861,  of  the  steamer  Florida,  one  of 
the  passenger  steamers  formerly  of  the  N"ew  Orleans  and  Mobile 
mail  line,  which  on  that  day  was  taken  possession  of  for  public  use, 
under  the  order  of  the  Governor,  and  is  n^w  in  the  service  of  the 
navy  of  the  Confederate  States ;  and  upon^ascertaining  such  value, 
to  pay  the  same  to  the  owners  of  said  vessel  out  of  any  money  in 
the  treasury  not  otherwise  appropriated :  Provided,  tlie  sum  paid 
shall  not  exceed  in  amount,  or  terms,  the  offer  made  by  the  own- 


271 

ei's  to  sell  the  same  vessel  to  the  pQblic  authontiea  of  the  Stato  of 
Louisiana. 
Approved,  December  10,  1861. 


SECRETARY  OF  STATE'S  OFFICE,  \ 

^  Montgomery,  Alabama,  February  5,  1862.  j 

I  hereby  certify,  that  the  foregoing  Acts  and  Joint  Resolutions 
are  correct  copies,  from  the  original  rolls  deposited  in  this  office* 

P.  n.  BRITTAI^, 

Secretary  of  ^^tate, 


'F  THE  RATES  OF  INTEREST  IN  THE  SOUTHERN  AND  CONFEDERATE  STAINES 

Compiled'in  imrsuance  of  an  act  a.iyproved  February  18,  1848. 


Maryland 6  per  cent- 

Horth  Carolina 6  "     ." 

Tennessee ' 6  "      " 

Alabama 8  "      " 

Virginia.... 6  "      " 


South  Carolina 6  per  cent* 

Kentucky ..6     "      " 

Georo:ia 8     "      •' 

Fiorjdf)...... 8-    "      " 


Arlcansas — Legal  interest,  6  per  cent. ;  conven^ti.onal  interest  10 
per  cent.  •    :;  ■ 

Texas — Legal  interest,  8  per  cent.;  conventioiial  interest  12  per 
cent. 

31issoxiri—l-iQ.gsX  interest,  6  per  cent. ; , conventional  interest,  10 
per  cent. 

Idississippi—JjQg^l  interest,  8  per  cent. ;  on  lent  money,  10  per 
cent. 

Louisiana — Legal  interest,  5  per  cent.;  bank  interest,  6  per 
■■nt,;  conve'itional  interest,  10  per  cent. 


SECRETAEY  OF  STATE'S  OFFICE,  \ 

Montgomery,  Alabama,  February  5,  18G2.    / 

Certiiiod  to  be  correct. 

P.  H.  BRITTAK, 

Sccrciaru  of  Sick- 


IISTDEX. 


ACADEMIES— See  Corporations. 

ACKLIN",  A.  A.— 

Act  relative  to  grant  of  administration  on  estate  of      193 

ACTIONS — See  Judicial  rRocEEDiNGS. 

ADMIRALTY— 

Act  amending  act  of  1858  relative  to  admiralty  cases 

in  Mobile 219 

ALIEN  ENEMIES— 

Act  in  relation  to  debts  due   to 59 

APPEALS— 

Act  giving  appeal  from  order  of  chancellor  appointing 

receiver 62 

Act  giving  appeal  to   county   superintendent  from 

action  of  school  trustees 223 

APPROPRIATIONS— 

For  fiscal  year  ending  Sept.  30,  1862 9'^ 

Act  to  supply  deficiency  in  treasury 12 

For  hire  of  servants  for  General  Assembly 70 

For  pay  of  members  and  oflicers  of  General  Assembly         74 

For  payment  of  interest  on   State  bonds 42 

Of  balance  of  three  per  cent,  fund 41 

To  encourage  the  manufacture  of  salt 27 

To  carry  out  the  act  authori//ing  the  seizure  of  salt 

by  the  Governor 29 

To  encourage  the  manufacture  of  fire-arms,  &c 75 

For  indexing  manuscript  acts  of  Legislature 76 

For  equipment  of  volunteers,  and  purchase  of  arms         78 
For  erecting  building  at  Manassas  for  army  stores..       183 

For  relief  of  First  Alabama  Cavalry  l\egiment 284-5 

For  Soldiers'  Home  at  Montgomery  and  Aid  A'J^o- 

ciation  at  Iluntsville  282 

For  milikiry  Aid  Society  at  Mobile 23-1 

18 


274 

APPROPRIATIONS— (Continued.) 

For  sick  and  wounded  soldiers  at  Florence 184 

To  aid  in  the  harbor  defences  of  Mobile 211 

Act  amending  act  last  above  recited 213 

To  provide  for  manufacture  of  arms  for  Mobile  214 

To  II.  P.  Watson,  as  marshal,  (sec.  6) -  11 

To  M.  P.  Blue.. 76 

To  Wra.  J.  Greene 179 

To  J.  W.  Echols 230 

To  Andrew  J.  Crawford .'. 244 

To  David  Deshler 245 

To  James  Maherg...  245 

To  B.  F.  Scale  246 

To  Willis  Farriss *.  248 

To  George  Field.... 249 

To  Richard  Hudson 249 

To  John  r.  Howard 250 

To  Fielding  Love  and   others,  (viz:  James  Helton, 

Thos.  J.  Coen,  and  Andrew  Lawson) 250 

To  W.  B.  Livingston 251 

To  Wm.  Owens^. 251 

To  A.   Scogin 252 

To  William  D.  Walker 252 

T6  Griffin   White 253 

To  W.  O.^Royer  and  G.  F.  Guiser,  as  trusteesof  town- 
ship three,  range  fourteen,  in  Franklin  county, 253 

To  Wm.  IL  Coleman 256 

To  William  Iluggins 256 

To  W.  J.  Mathews,  Hugh  Caperton  and  Thos.  Gipson  256 

To  editorsof  Montgomery  Advertiser 262 

To  W.  B.  &  A.  R.  Bell  &  Co 262 

To  W.  W.  Jackson,  R.  F.  Cook,  and  E.  H.  Gordy...  263 
To  Thos.  F.  Parker  and  others,  (viz  :  B.  B.  Davis, 

W.  B.  &  A.  R.  Bell,  and  Lehman  &  Bros 263 

To  John  Powell 264 

To  White,  Pfister  &  Co 264 

To  James  M.    Wright 264 

For  repair  of  Capitol 89 

For  repayment  of  loan  by  Central  Bank 265 

ARBITRATIOisr— 

Authorized  in  certain  cases  in  probate  court 64 

ARCHER,  PHILIP— 

Act  authorizing  issue  of  patent  to 254 

ARMISTED,  W.  W-— 

Declared  a  citizen  of  Clarke  county 201 


275 

ATTEWAY,  EZRA— 

Act  authorizina;  issue  of  patent  to 254 

AUDITOR  OF  TREASURY— 

Act  abolisbinp;  office  of 72 

AUTAUGA  COUNTY— 

Act  relative  to  appointmeut  of  overseers  and  appor- 

tioners  of  roads 207 

BANKS— 

Act  anthorizing  suspension   of  specie  pa3'ment8  by 

cliartcred    banks 20 

Act  authorizing  suspension  of  specie  payments  by  free 

banks 22 

Act  authorizing  further  suspension 24 

Act  prohibiting  corporations  to  become  stockholders 

in  free  banks 25 

Act  continuing  office  of  commissioner  and  trustee  of 

State  Bank  and  branches 51 

Act    establishing    Western    Bank   of    Alabama,    at 

Tuskaloosa 108 

Act    establishing    Planters'    Bank   of   Alabama   at 

Gainesville 121 

Act  amcndinor  charter  of  Bank  of  Alabama 134 

Act  amending  charter  of  Mobile  Savings'  Bank 135 

Act  incorporating  City  Savings  Association  of  Mobile       143 
Act  incorporating  Mobile  Merchants'  and  Traders' 

Depository 164 

Act  making   appropriation  for  payment  of  loan  by 

Central  Bank 265 

BELL,  W.  B.  <fc  A.  R.— 

Appropriations  to  262-263 

BERRY,  JOHN  R.— 

Act  authorizing  removal  of  administration  of  estate  of      192 
BIBB  COUNT  r— 

Act  prohibiting  retailing  near  Mulberry  Academy....       172 

Act  prohibiting  retailing  near  Scottville 173 

BLOUNT  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code 18 

BLUE,  M.  r.— 

Appropriation  to 76 

BOBBITT,  RKBb.CC A  P.  and  WM.  P.— 

Act  divorcing 01 

BOUNDARIES— 

Act  repealing  act  of  1861,   changing  l)0undary  line 

between  Jefferson  and  Shelby 207 

Act   repealing  act  of  1858,   defining  boundaries  of 

Jasper ^-^ 


BOWLING,  THOS.  B.r- 

Act  for  relief  of 244 

BRAKEFIELD,  VV  ASHINGTO]^— 

Act  for  relief  of 249 

BURis'S,  MARGARET— 

Act  for  removal  of  administration- of  estate  of 190 

BUTLER  COUi>TY-^ 

Act  authorizing  division  of  county  into  districts 198 

Act  authorizinoj  levy  of  special  tax 199 

CALHOUN  COUNTY-- 

Act  authorizing  appointment  of  special  tax  collector 

for   1859-60 199 

CAMP,   JOHN— 

Act  for  relief  of 257 

CANNON,  ISAAC  B.— 

Act  for  relief  of. .       241 

GARDEN,  PHOEBE  P.  AND  JOHN  D.— 

Act  di vorci n g 92 

CHAMBERS,  SUMANTHA  AND  JOSEPH— 

Act  divorcinor.... 91 

CARROL,  MARTHA— 

Act  authorizing  issue  of  patent  to 180 

CARTER,  MARTHA  L.— 

Act  for  relief  of .-...   .    2i0 

CHEROKEE  COUNTY—  ' 

Act  authorizing  levy  of  special  tax 201 

CLERKS— 

Act  amending  section  646   of  Code,    in    relation    to 

approval  of  bond  of  circuit  clerk 14 

Act  to  secure  payment  of  fees  of  circuit  clerk  in 

Walker  county 227 

COOKBURN,  CATHERINE— 

Act   relating   to    estate    of. 194 

CODE  OF  ALABAMA— 

Act  suspending  preparation  of  Revised  Code 20 

Sections  40-41  (untinished  business  of  General  As- 
sembly) suspended  as  to  called  session  of  1861 13 

Section  499  (compensation  of  county  commissioners) 

amended  as  to  Sumter  county 224 

Sec.  646  (approval  of  bond  of  circuit  clerk)  amended         14 

Section  672  (duties  of  probate  judges)  amended.,-...         14 

Section796(examination  of  books  of  county  treastirer) 

amended  as  to  Marion  county...  209 

Section  980  (license  to  druggists)  amended 15 

Section  1023  (runaway  slaves)  amended..., ;.,.,..         15 


277 

CODE  OF  ALABAMA— (Continued.) 

Section   1056  (license  for   retailing)  amended  as  to 

Walker  county " 229 

Section  1580  (descent  and  distribution   of  intestates' 

estates)  amended 10 

Section  1750  (sales  by  executors  and  administrators) 

amended •    51 

Section    2025    (keeping  together    minors'    estates) 

amended... 17 

Section  2033  (removal  of  minors'  estates)  amended...         17 

Section  2235  (pleading)  amended 18 

Section  2359  (security  for  costs)  amended G9 

Section  2447   (advertisement  of  sales  under   execu- 
tion) repealed  as  to  certain  counties 18 

Sections   2645,  2649,  (summary  judgments  between 

sureties,)  amended 19 

Section  3283  (selling  liquor  to  slaves)  amended 59 

Section  3576  (service  of  cop}-  of  indictment)  amended.         19 
Section  3908  (report  of  lessee  of  penitentiarv)  amended.  .    19 
COFFEE  COUXTY— 

Act  requiring  justices  of  the  peace  to  perform  duties 

of  road  apportioners 202 

Act  legalizing  grant  of  ferrv  license  to  John  G.Cowan.       202 
COMPTROLLER  OF  PUBLIC  ACCOUNTS— 

^       Act  authorizing  printing  of  report ('(9 

CONECUH  COUNTY— 

Act  transferring  county  from  2d  to  7th  chancery  dis- 
trict  '. 195 

COOSA  COUNTY— 

Act  repealing  scciion  2447  of  Code 18 

Act  amending  charter  of  Rockford,   nnd  repealing 

special  act  of  Feb.  8,  1861 203 

CORPORATTONS— 

Academies. 

Act  ameiicling  charter  of  Southern  Military 92 

"*■       Act  amending  charter  of  Indian    Creek  Male  and 

Female '. 93 

Act  amending  charter  of  Jasper  Mnh;  and  Fcinnlc.,         94 

Banks. 
See  that  title,  ante,  275. 

Cities  and  Towns. 

Act  extending  corporate  limits  of  Auburn 94 

Act  amending  charter  of  (iainesvillo 95 

Act  amending  charter  of  Montgomery 96 

Act  amending  charters  of  Marion  and  Montevallo...         90 


278 

CORPORATIONS- (Co^'TiNUED.) 

Act  amending  charter  of  Selma 97 

Act  amending  charter  of  Rockford 203 

Act  relative  to  boundaries  of  Jasper 94 

Act  amending  hiw  relative  to  municipal  corporations, 

and  giving  to  municipal  officers  powers  of  justices 

of  the  peace 66 

Insurance  Companies. 

Act  incorporating  East  Alabama 136 

Act  incorporating  Gulf  City 139 

Act' amending  charter  of  Southern 146 

Act  amending  charter  of  Alabama 147 

Act  amending  charter  of  Eufaula  Marine  and  Fire..  147 

Act  amending  charter  of  Eufaula  Home 148 

Act  amending  charter  of  Gainesville 149 

Act  amending  charter  of  Livingston 150 

Act  amending  charter  of  Woodville,   Opelika,   La 

Fayette,  Jacksonville,  and  Troy    150 

Railroads. 

Act  incorporating  Pensacola  and  Mobile 99 

Act  amending  charter  of  Alabama  and  Florida 106 

Act  explaining  charter  of  Mobile  and  Spring  Hill...  107 

Act  amending  charter  of  Opelika  and  Talladega, 107 

Act  postponing  loan  to   Selma   and  Gulf,  in  favor  of 

Alabama  and  Mississippi  Rivers , 181 

Miscellaneous. 

Act  incorporating  Southern  Direct  Trading  Company.  151 

Act  incorporating  Confederate  States  Express  Co....  155 
Act  incorporating   Grand   Commandery  of  Knights 

Templar,  and  appendant  orders 156 

Act  incorporating  Selma  Chamber  of  Commerce...  159 

Act  incorporating  Chemical  Manufactory 160 

Act  incorporating  Southern  Salt  Manufacturing  Co.  162 
Act  incorporating  Wills'  Valley  Coal  and  Leather 

Company . .  163 

Act  amending  charter  of  Mobile  Wine  Company 167 

Act  amending  charter  of  Alabama  Direct  Trade  and 

Exchange  Com pany 168 

Act  amending  charter  of  Mobile  Omnibus  Company.  168 
Act  amending  charter  of  Alabama  Bible  and  Colpor- 
teur Society 170 

Act  incorporating  Mobile  Merchants'   and  Traders' 

Depository 164 

Act  amending  charter  of  Mechanics'  Aid  Association 

of  Mobile 169 


279 

COUKTY  CLAIMS— 

Act  requiriug  registration  in  De  Kalb  and  Covington.       205 

Act  authorizing  payment  in  Walker 228 

Act  prohibiting  public  officers  from  dcalinj?  in 58 

COUNTY  SURVEYORS— 

Act  reducing  fees  in  DeKalb  county 205 

courts- 
Chancery. 

Act  changing  terms  in  Choctaw,  Marengo  and  Sum- 
tor  counties 196 

Act  dispensing  with  fall  terms  (18G1)  in  Autauga, 
Cliainbers,  Coosa,  Macon,  Russell,  and  Tallapoosa, 
and  in  10th  district  of  southern  division 197 

Act  transferring  Conecuh  county  from  2d  to  7th  dis- 
trict in   southern  division  195 

Act  giving  appeal  from  order  appointing  receiver....         62 

Act  defining  register's  commissions  on  sales 57 

Act  authorizing  register  to  make  settlements  as  pro- 
bate Judge 56 

Act  transferring  jurisdiction  of  trust  estate  of  Fran- 
ces Durden,  from  15th  to  40th  district 189 

Circuit. 

Act  changing  time  of  taking  up  State  dockets 71 

Act  providing  for  special  terms  in  10th  circuit 194 

Act  amending  act  of  1858,  regulating  practice  in  ad- 
miralty cases  in  Mobile .^ 219 

Prouate. 

Act  amending  section  672  of  the  Code,  and  authoriz- 
ing payment  of  decree  to  probate  judge 14 

Act  amending  section   2025  of  the   Code,  and  au- 

tiiorizing  estates  of  minors  to  be  kept  together  ...         17 

Act  amending  section  2033  of  Code,  (relating  to  re- 
moval of  minors'  estates,) 17 

Act  explaining  act  of  1850,  amending  act  of  1854 

relative  to  sales  of  land  for  partition 55 

Act  authorizing  settlement  to  be  made  by  register  in 

chancery,  when  probate  judge  is  incompetent    ....         5C 

Act  to  enlarge  jurisdiction  of  probate  courts,  (au- 
thorizing extension  of  d(-4>ts  by  executors  and 
administrators,) 50 

Act  authorizing  reference  to  arVntration 04 

Act  authorizing  executors,  administrators  and  guard- 
ians to  rent  lands,  and  amending  section  1750  of 
Code '  51 


280 

COURTS— (Continued.) 

Act  authorizinc;  executors,   &c.,  to   make  loans  to 

Confederate  States '. 53 

Act  authorizing  publication  by  probate  qourt  of  Wil- 
cox in  newspapers  of  adjoining  counties 229 

Act  authorizing  probate  court  of  Madison  to  grant 

administration  on  estate  of  A.  A.  Acklin .....       193 

Act  transferring   administration    of  liobert  Craig's 

estate  from  Sumter  to  Dallas 187 

Act  transferring  administration  of  estate  of  Mar- 
garet Burns  from  Tallapoosa  to  Chambers 190 

Act  transferring  administration  of  estate  of  John  D. 

Smith  from  Mobile  to  Wilcox 190 

Act  authorizing  sale  and  distribution  of  James  Ham- 
ilton's estate 191 

Act  transferring  administration  of  John  E.  Berry's 

estate  from  Macon  to  Russell... .       192 

Commissioners  of  Roads  and  Revenue. 

Act  authorizing  erection  of  gates  across  public  roads.         60 

Act  authorizing  establishment  of  private  roads 68 

Act  legalizing  appropriations  for  equipment  of  vol- 
unteers   ITO 

Act  legalizing  imposition  of  taxes,  for  equipment  of     • 
volunteers  and  support  of  their  families 171 

Act  dividing  Butler  county  into  four  districts 198 

Act  authorizing  levy  of  special  tax  in  Butler  county, 

for  support  of  families  of  indigent  volunteers 199 

Act  authorizing  levy  of  special  tax  in  Cherokee,  for 

simi lar  purpose 201 

Act  legalizing   grant  of  ferry  license  to    John  R. 

Cowan,  in  Coffep  county 202 

Act  relative  to  levy  of  county  tax  in  Franklin 206 

Act  relative  to  appointment  of  overseers  and  appor- 

tioners  in  Autauga,  Greene,  and  Sumter 207 

Act  regulating  pa}'  of  commissioners  in  Lawrence....        208 

Act  repealing  act  of  1858,  requiring  levy  of  special 

county  tax  in  Marshall 208 

Act  dividing  Monroe  county  into  four  districts 220 

Act  providing  adequate  compensation   for   commis- 
sioners in  Montgomery 221 

Act   regulating   compensation  of  commissioners   in 

Sumter 224 

Act  authorizing  levy  of  special  tax  in  Talladega 226 

Act  authorizing  payment  of  county  claims  in  Walker,       228 

Act  dividing  Winston  county  into  four  districts 230 


281 

COVINGTOJS"  COUNTY— 

Act  requiring  registration  of  claims  against 205 

COWAiNT,  JOHN  G.— 

Act  legalizing  grant  of  ferry  license  to 202 

CRAWFORi),  ANDREW  J.— 

Act  refunding  money  to 244 

CRIMINAL  LAW— 

Act  amending  section  357G  of  Code  (as  to  service  of 

copy  of  indictment,  &c.) 19 

Act  relieving  volunteers,  conditionally,  from  criminal 

p  rosecutio  n  s 228 

Act  for  relief  of  insane  convicts 258 

Act  making  resistance  to  city  officer  a  misdemeanor        68 
Act  givingone-half  of  fine  to  informant  in  certain  cases         59 

Act  prohibiting  buying  under  false  pretenses 43 

Act  to  suppress  monopolies  42 

See,  also,  Retailixg. 

CUMBY,  PLEASANT  A.— 

Act  for  relief  of 241 

DALE  COUNTY— 

Act  repealing  act  of  January  31st,  1861,  increasing 

pay  of  jurors 204 

DALLAS  COUNTY— 

Act  amending  charter  of  Selma T'T 

DEAF  AND  DUMB— 

Act  transferring  balance  of  appropriations 72 

DEJARNETT,  DICEY— 

Act  authorizing  location  of  land  warrant 180 

DEKALB  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code....         18 

Fees  of  coujit}'  surveyor  reduced 205 

Act  requiring  registration  of  claims  against 205 

DESIILER,  DAVlb— 

Act  for  relief  of. 245 

DICKSON,  SAMUEL  L.— 

Act  authorizing  issue  of  patent  to 2.'.4 

DIVORCES— 

Bobbitt,  Rebecca  r.  from  William  P '•'! 

Cardcn,  Phrrbe  P.  from  John  D 92 

Chambers,  Sumantha  from  Joseph 91 

Fouchee,  William  from  Lucy -'1 

Kelly,  William  J.  from  Sarah  Ann  91 

Latham,  Cornelius  C.  from  Margaret  L 92 

Norris,  Margaret  F.  from  James  R 92 

Thomas,  William  S.  and  Rebecca i^l 


282 

DRUaGISTS— 

Act  amending  section  980  of  Code,  (license,) 15 

Act  for  relief  of  Harwood  &  Pearson,  and  of  W.  J. 

Nickols : 261 

DURDEN,   FRANCIS— 

Act  transferring  jurisdiction  of  trust  estate  of 189 

EASTERS,  MARY  C— 

Act  for  relief  of. 240 

ECHOLS,  J.  ^.— 

Act  compensating 230 

ELECTIONS— 

Act  changing  time  of  election  for  members  of  Con- 
gress           50 

Act  regulating  returns ...  .         6i 

Act  to  prevent  disfranchisement  of  volunteers  and 

members  of  General  Assembly 79 

Joint  resolution  providing  for  election  of  successor  to 
Hon.  John  Gill  Shorter,  as  member  of  Provisional 

Congress 266 

Act  to  protect  elective  franchise  in  JVIobile 216 

Act  compensating  officers  in  Mobile 220 

ESCHEATS—. 

Act  in  relation  to  estate  of  Catherine  Cockburn 194 

ESTATES  OF  DECEDENTS— 

Act  amending  section  1580  of  Code 16 

Act  amending  section  1750  of  Code,  and  authorizing 

executors,  &c.,  to  rent  lands 51 

Act  regulating  compensation  of  executors,  &c 52 

Act  authorizing  executors,  &c,,  to  make  loans  to  Con- 
federate States 53 

Act  authorizing  executors,  &c.,  to  renew  debts 56 

Act  for  relief  of  executors,  &c 235 

Act  authorizing  arbitration 64 

Act  transferring  administration  of  Rob't  Craig's  estate.     187 

"  "  "  •' MargaretBurns' "        190 

"  "  "  "  John  D.  Smith's"        190 

"  "  "  "  John  R.  Berry's  "        192 

Act  authorizing  sale  and  distribution  of  James'Ham- 

il ton ' s  estate 191 

Act  -authorizing  probate  court  of  Madison  to  grant 

administration  on  estate  of  A.  A.  Acklin 193 

Act  in  relation  to  escheated  estate  of  Sarah  Cockburn.       194 
EXECUTIONS— 

Act   to   regulate   judicial  proceedings,   (known   as 

"stay-law")  33 


^83 

Acts  (two)  to  amend  "stay-law"  of  Feb.  8,  1861 40 

Act  amending  act  of  Feb.  18,  1854,  exempting  wear- 
ing apparel  from  le%^y  and  sale 67 

Act  amending  special  act  of  1840,   (to  secure  collec- 
tion of  rents  in  Mobile,)  and  exempting  certain 

property 218 

Act  exempting  certain  counties  from  operation  of 

section  2447  of  Code 18 

EXECUTORS  AND  ADMINISTRATORS— 

See  Estates  of  Decedents. 
FARRISS,  WILLIS— 

Act  for  relief  of 248 

FAYETTE  COUNTY— 

Act  amending  special  act  of  Feb.  2, 1858,  relative  to 

duties  of  justices  of  the  peace 205 

FIELD,  GEORGE— 

Act  for  relief  of. 249 

FORCIBLE  ENTRY  AND  DETAINER— 

Actions  of,  exempted  from  operation  of  "  stay-law" 

of  Feb.  8,  1861 40 

FOUCHEE,  WILLIAM  AND  LUCY— 

Act  divorcinfi: 91 

FRANKLIN  COUNTY— 

Act  prohibiting  retailing  near  certain  churches 173 

Act  making  La  Grange  a  military  rendezvous 185 

Act  amending  and  explaining  said  act 187 

Act  repealing  all  laws  contravening  section  776  of 

Code,  (relative  to  levy  of  county  tax) 206 

Act  repealing  parts  of  special  act  of  Feb.  8,  1860, 

regulating  pay  of  jurors 206 

FURINAGE,  JAMES— 

Act  authorizing  issue  of  patent  to 254 

GAME  LAWS— 

Act  repealing  act  of  Feb.  8, 1861,  for  preservation  of 

game  in  Shelb}'  county 225 

GENERAL  ASSEMBLY— 

Act  fixing  time  of  meeting 49 

Act  prohibiting  constructive  mileage 50 

Act  suspending  sections  40-41  of  Code,  as  to  unfin- 
ished business  of  called  session 13 

Act  making  apjiropriations  for 74 

Joint  resolution  for  rebel  of  Witherspoon  and  others.        268 
GOVERNOR— 

Act  authorizing  employment  of  two  secretaries 89 

Act  authorizing  repair  of  capitol 


284 

GOVERNOR— (Continued.) 

Act  authorizing  seizure  of  salt 29 

Acts  (three)  amending  and  explaining  said  act 81-2 

Act  authorizing  lease  of  salt  springs 25 

Act  amending  said  act 27 

Act  supplemental  to  said  acts '. 28 

Act  authorizing  issue  of  State  bonds  or  treasury  notes.         12 
Joint   resolutions    complimentary    to    Hon.   A.   B. 

Moore 267 

Act  authorizing  compensation  to  be  made  f«r  steamer 

Florida 269 

GREEiNE  COUJSTTY— 

Act  regulating  appointment  of  road  officers 207 

GUARDIANS— 

Authorized  to  rent  lands 51 

Authorized  to  make  loans  to  Confederate  States..  ,.         53 

Act  regulating  compensation 52 

Act  for  relief  of. 235 

Act  amending  section  2025  of  Code 17 

Act  ri mending  section  2033  of  Code 17 

Act  authorizing  Pleasant  May  to  remove  property 

and  rent  lands , 188 

Act  authorizing  Wm.  H.  Coleman  to  purchase  lands 

for  his  wards 192 

Act  authorizing  Wm.  H.  Rives  and  A.  Martin  to  in- 
vest property  of  v^ards 19-1 

HAMILTON,  JAMES— 

Act  authorizing  sale  and  distribution  of  estate 191 

HARWOOD,  ROBERT  E.— 

Act  for  relief  of 261 

HENRY  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code...         18 
Retailing  near  Shortersville  Church  prohibited 174 

HELTON,  JAMES— 

Act  for  relief  of. 250 

HOGE,  JAMES— 

Act  for  relief  of. 254 

HOWARD,  JOHN  P.— 

Act  for  relief  of 250 

HUDSON,  RICHARD— 

Act  for  relief  of. 249 

HUGGINS,  WILLIAM— 

Act  for  relief  of. 256 

INCORPORATIONS— 
See  Corporations. 


886 

INSANE  HOSPITAL— 

Act  amending  14tli  section  of  act  establishing 76 

Act  amending  12tli  section  of  supplemental  act 90 

Act  exempting  ofHcera  from  military  and  road  ser- 
vice, and  from  serving  as  jurors 180 

Act  for  relief  of  insane  convicts 258 

JAOKSOX  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code,...  18 
JACKSON,  W.  W.— 

Act  for  relief  of 263 

JEFFERSOM  COUNTY— 

Act  repealing  act  of  Feb.  8, 1861,  changing  boundary 

line  between  Shelby  and  Jefferson 207 

Act  prohibiting  retailing  near  Bethel  Churcli 174 

JOINT  RESOLUTIONS— 

Providing   for   election    of  member   of  Provisional 

Con  gress 266 

Complimentary  to  Fourth  Alabama  Regiment 266 

Complimentary  to  Ex-Gov.  A.  B.  Moore 267 

For  relief  of  certain  members  of  General  Assembly..  268 
Providing  for  printing  and  distribution  of  Military 

Code 268 

Providing  for  pirintmg  of  "stay  law,"  (2500  copies)..  269 
Providing  for  distribution  of  Ordinances  and  Con- 
stitution   269 

Relating  to  pay  of  soldiers  in  Confederate  army 270 

Authorizing   governor   to    make    compensation   for 

steamer  Florida 270 

JUDICIAL  PROCEEDINGS— 

Act  to  regulate,  (known  as  "stay-law") 03 

Joint  resolutions  providing  for  printing  and  distri- 
bution of  same 269 

Acts  (two)  amending  "  stay-law"  of  Feb.  8,  1861 40 

Act  amending  section   2235  of  Code,  (assignment  -li' 

breaches  in  complaint) 18 

Act-making  transcripts  from  land-ollice  evidence....  49 

Act  making  certain  transcripts  evidence 58 

Act  in  relation  to  debts  due  alien  enemies "'9 

Act  providing  for  publication  in  certain  cases t 

Act  abolinhing  rule  o{  comilion  law,  as  to  merger  oi 

civil  action   in  felony 67 

Act  chatiging  time  of  taking   up  State  dockets 71 

Act  requiring  security  for  costs  on  clu'mge  ol  venue  6H 

Act  regulating  practice  in  admiralty  cases  in  Mobile  21U 

Act  for  relief  of  V(»luntecrs..  -^- 


JURORS— 

Act  repealing  special  act  of  Jan.  31, 1861,  increasing 

pay  of  jurors  in  Dale  county > 204 

Act  repealing,  in  part,  act  of  Feb.  6, 1860,  increasing 

pay   of  jurors 206 

JUSTICES  OF  THE  PEACE— 

Required  to  act  as  road  apportioners  in  Coffee  county       202 

Act   amending   special  act   of  1858,    applicable   to 

Fayette .' 205 

Act   repealing   special   act   of    1861,    applicable   to 

Rockford 203 

KIRKSEY,  E.  J.— 

Act  for  relief  of 261 

LAWRENCE  COUNTY— 

Act  regulating  pay  of  county  commissioners 208 

LAWS— 

Act  providing  for  indexing  manuscript  acts 76 

Act  providing  for  exchange  with  other  States.... 71 

Joint   resolution   for   printing   and   distribution    of 

2500  copies  of  "stay-law". 269 

LAWSON,  ANDREW-^ 

Act  for  relief  of. 250 

LEHMAN  &  BROS.— 

Act  for  relief  of..,. 263 

LIMESTONE  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code ^       18 

LITTLE,  MRS.  LUCY— 

Authorized  to  erect  gates  across  public  road,. 225 

LIVINCiSTON,  W.  B.— 

Act  for  relief  of. 251 

LOVE,  FIELDING— 

Act  for  relief  of 250 

LYLES,  MARION— 

Act  for  relief  of 241 

MABRY,  A.  G.— 

Act  for  relief  of.> 253 

MACON  COUNT y— 

Act  extending  corporate  limits  of  Auburn 94 

MADISON  COUNTY-- 

Act  repealing  special  road  law  of  1860......... 208 

MAIIERG,  JAMES— 

Act  for  relief  of 245 

MANUFACTURES— 

Act  to  encourage  the  manufacture  of  salt 25 

Act  amending  said  act. 27 


287 

MANUFACTURES— (Continued.) 

Act  supplemental  to  said  acts 28 

Act  to  encourage  manufacture  of  cotton   and  wool 

cards 70 

Act  exempting  from  military  duty  persons  employed 

in  manufacturing  iron,  munitions  of  war,  &c 73 

Act  to  encourage  manufacture  of  fire-arms  and  mu- 
nitions of  war 75 

MARENGO  COUNTY— 

Act  amending  law  relating  to  public  roads 209 

MARION  COUNTY— 

Act  amending  section  796  of  Code 209 

MARSHALL  COUNTY— 

Exempted  from  operation  of  section  2447  of  Code...         18 
Special  act  of  1858,   requiring  levy  of  tax  for  pay- 
ment of  jurors,  repealed 208 

MATTHEWS,  W.  X— 

Act  for  the  relief  of. 256 

MAY,  PLEAS  A  NT- 
Authorized  to  remove  property  of  wards 188 

McMAY,  JOHN— 

Act  for  relief  of. 261 

MILITARY  AFFAIRS— 

Act  providing  fund  for  aid  of  indigent  families  of 

absent  vol u nteers 4 

Act  excepting  counties  from  operation  of  said  act...         82 

Act  assuming  Confederate  war-tax 8 

Act  relieving  volunteers  from  accounting  for  clothing.        74 

Act  for  relief  of  indigent  families  of  volunteers 74 

Act  to  facilitate  equipment  of  volunteers,   and  for 

purchase  of  arms 78 

Act  exempting  soldiers'  property  from  taxation 81 

Act  to  raise  an  additional  volunteer  force  for  defense, 

at)d  to  resist  invasion 82 

Act  to  raise  an  additional  volunteer  force 84 

Act  legalizing  action  of  governor  in   supplying  vol- 
unteers with  clothing ••  •••         88 

Act  legalizing  appropriations  by  county  commission- 
ers for  equipment  of  volunteers 170 

Act  legalizing  imposition   of  taxes  by  county  com- 
missioners for  equipment  of  volunteers 17 

Act  providing  for  establishment  of  medical  depot  at 

Manassas • 231 

Act  providing  for  erection  of  hospital  for  sick  sol- 
diers on  Potomac ^1 


MILITARY  AFFAIRS- (CoNxmuED.) 

Act  authorizing  appointment  of  surgeon  for  same,..       184 
Act  providing  for  erection  of  building  at   Manassas 

for  clothing,  &c 183 

Act   providing  for   sick  and   wounded   soldiers   at 

Florence , 184 

Act  making  Tuskaloosa  and  La  Grange,  each,  mili- 
tary rendezvous , 185 

Act  amending  and  explaining  said  act 187 

Act  authorizing  levj-  of  special  tax  in  Butler  for  sup- 
port of  families  of  indigent  volunteers 199 

Act  authorizing  levj^  of  special  tax  in  Cherokee 201 

Act  repealing  act  of  1860,  to  provide  for  efficient 

military  organization 78 

Act  repealing,  in  part,  ordinance  of  Jan,  19',  1861, 

to  provide  for  military  defense  of  State 77 

Act  repealing  3d  section  of  ordinance  of  Jan.  26, 1861, 

authorizing  colonels  to  appoint  staff' officers 77 

Act  amending  section  seven,  chapter  four,  of  Military 

Code 85 

Act  amending  section  nine,  chapter  ten,  of  same 85 

Act  amending  section  three,  chapter  four,  of  same...         86 
Act  suspending  section  twenty-one,  chapter  twelve, 

of  same. .-.         86 

Act  extending  time  of  making  returns  required  by 

chapter  five  of  same 86 

Act  amending  section  four,  chapter  two,  and  section 

three,  chapter  nine,  of  same.,.. 86 

Act  to  aid  in  harbor  defenses  of  Mobile 211 

Act  amending  said  act 213 

Act  providing  for  manufacture  of  arms  for  Mobile...       214 

Act  amending  militia  laws  of  Mobile '. 215 

Act  for  the  relief  of  volunteers  criminally  prosecuted       232 
Act  exempting  from  military  duty  all  persons  engaged 

in  manufacture  of  munitions  of  war 78 

Act  encouraging  manufacture  of  munitions  of  war...         75 

Act  for  relief  of  First  Alabama  Cavalry  regiment 284 

Act  amending  said  aet 285 

Act  for  benefit  of  Soldiers'  Home  at  Montgomery 

and  Aid  Association  at  Huntsville..... t". ........       232 

Act  for  benefit  of  Military  Aid  Society  at  Mobile....       233 
MOBILE— 

Act  to  aid  in  harbor  defenses  of 211 

Act  amending  said  act 213 

Act  amending  act  for  improvement  of  bay  and  har- 
bor of , 214 


289 

MOBILE—  (Continued.) 

Act  providing  for  manufacture  of  arms  for 214 

Act  to  amend  militia  laws  in  city  of. 215 

Act  to  protect  elective  franchise  in  cit}- of 216 

Act  to  suspend,  in  part,  act  of  1840,  to  secure  rents 

more  effectuall}'^ , 218 

Act  amending  act  of  1858,   regulating  practice   in 

admiralty  cases 219 

Act  reducing  fees  of  notaries 219 

Act  compensating  election  officers 220 

Act  for  the  relief  of  certain  tax  payers 260 

MONOPOLIES— 

Act  for  suppression  of. 42 

MONT^OE  COUNTY— 

Act  authorizing  division  of  county  into  districts 220 

IiIONTGOMERY—  " 

Act  amending  charter  of  city 96 

■  Act  for  relief  of  citizens  of  Pine  Level 257 

Act  regulating  license  for  retailing 221 

Act  providingcompensation  for  county  commissioners       221 
MONTGOMERY,  A.  L.— 

Act  for  relief  of. 255 

MORGAN  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code....         18 

Retailing  in  Danville  district  regulated 175 

NICHOLS,  BENJ.  F.- 

Act  for  relief  of,  (with  others) 254 

NICHOLS,  WM.  J.— 

Act  for  relief  of,  (with  others) 261 

NOLEN,  WILLIAM— 

Act  for  relief  of 242 

NORRIS,  JAMES  R.— 

Act  for  relief  of. 242 

NORRIS,  MARGARET  F.  AND  JAMES  R.— 

Act  divorcing 91 

NOTARIES  PUBLIC— 

Act  regulating  fees  in  Mobile 219 

OTTEN,  JACOB— 

Act  for  relief  of,  (with  others) -54 

( )WENS,  WILLIAM— 

Act  for  relief  of 251 

PARKER,  LeGRAND— 

Act  for  relief  of  minor  heirs  of 238 

PARKER,  TIIOS.  F.— 

Act  for  relief  of,  (with  others) -G3 

19 


290 

PEARSON  &  HOWAUD— 

Act  for  relief  of. 26L 

PENITENTIARY— 

Act  requiring  lessee  to  furnish  report  to  inspectors...         19 

Act  for  relief  of  insane   convicts 258 

PERRY  COUNTY— 

Act  amending  charter  of  Marion 96 

Act  prohibiting  retailing  near  Spring  Hill  Church...       175 
PICKENS  COUNTY— 

Act  prohibiting  retailing  near  Liberty  Baptist  Church       175 

Act   for  relief  of  tax  assessor 243 

PORTER,  JAMES— 

Authorized  to  erect  gate  across  public  road 221 

POSEY,  JNO.  W,  AND  M.  M— 

Authorized  to  vote  in  Blount  county..., 260 

POWELL,  JOHN— 

Act  for  relief  of. 264 

PRINCE,  0.  H.— 

Act   for  relief  of.. 237 

PUBLIC  LANDS— 

Act  suspending  ordinance  relative  to  waste  lands 44 

Act  providing  for  carrjdng  into  effect  the  fourth  sec- 
tion of  said  ordinance 45 

Act  compensating  receivers,  and  relative  to  canceled 

entries , 45 

Act  authorizing  payments  to  be  made  in  current  bank 

notes  and  treasury  notes 46 

Act  in  relation  to  location  of  bounty  land  warrants         47 
Act  legalizing  entries  under  36th  section  of  ordinance 

relative  to  waste  lands 48 

Act  relative  to  lands  granted  to  Central  and  North 

and  South  Alabama  Railroad 48 

Acts  making  transcripts  from  land-office  evidence....         49 

Act  providing  for  index  to  Register  of  patents 90 

Act  authorizing  issue  of  patent  to  Martha  Carrol 180 

Act   authorizing  location  of  land  warrant  to  Dicey 

DeJarnett 180 

Act  authorizing  issue  of  patents  to  James  Hoge, 
JacobOtten,EzraAtteway,  James  Furinage,  James 
R.  "Wilson,  Philip  Archer,  Benj.  F.  Nickols,  Sam. 

L.  Dickson,  and  Thos.  W.  Williamson 254 

PUBLICATION— 

Act  to  provide  for,  in  certain  cases., 54 

Act  exempting  certain  specified  counties  from  opera- 
tion of  section  2447  of  Code 18 


291 

RELIEF— 

Archer,  Philip,  (with  others) 254 

Armisted,  W.  W 201 

Atteway,  Ezra,  (with  others) 254 

Bell,W.  B.  &  A.  R 262-263 

Berry,  John  R.,  administrator  of. "    192 

Blue,  i\l.  P 76 

Bowling,  Thos.  B 244 

Brakelield,  Washington 249 

Camp,  John 257 

Cannon,  Isaac  B 241 

Carrol,  Martha 180 

Carter,  Martha  L 240 

Coleman,  William  II 256 

Cook,  Richard  F.  (with  others) 263 

Cowan,  John  G 202 

Crawford,  Andrew  J 244 

Cumby,  Pleasant  A 241 

Davis,  Benj.  B.  (with  others) 263 

BeJarnett,  Dicey 180 

Deshler,  David 245 

Dickson,  Samuel  L 254 

Durden,  Francis 189 

Eastei-s,  Mary  C 240 

Echols,  J.  W 230 

Editors  of  Montgomery  Advertise?- 26l' 

Farris,  Willis 248 

Field,  George 249 

Furinage,  James  (witli  others) 254 

Gordy,"E.  II.  (with  others) 263 

Gipson,  Tliomas  (with  others) 256 

Ilarwood,  Robert  E.  (and  another) ^Cl 

Helton,  James  (with  others) 'J",!' 

Hoge,  James  (with  others) J54 

Howard,  John  P 250 

Hudson,  Richard 249 

Huggins,  William 256 

Jackson,  W.  W.  (with  others) 2ii3 

Johnson,  William  (with  other  tax-collectors) 243 

Kirksey,  E.  J 261 

Lawson,  Andrew  (with  others) 250 

Lehman  k,  Bros,  (with  others) 263 

Livingston,   W.  B 251 

Love,  Fielding  /with  others') 25iJ 

Lyles,  Marion  241 


292 

RELIEF— (Continued.) 

Mabry,  A.  G 253 

Maherg,  James... 245 

Mathews,  W.  J.  (with  others) 256 

McCoy,  Jesse ..'....  239 

McMay,  John 261 

Montgomery,  A.  L 255 

Moody,  R.  A 238 

Moss.VohnR 239 

Mchols,  W.  J.  (with  others) 261 

Fickols,  B.  F.  (with  others) 254 

Kolen,  William 242 

l^orris,  James  R 242 

Otten,  Jacob  (with  others) 263 

Owens,  William 251 

Parker,  minor  heirs  of  LeGrand 238 

Parker,  Thos.  F.  (with  others) 263 

Pearson  k  Howard 261 

Posey,  John  W.  and  M.  M 260 

Powell,  John 264 

Prince,  0.  H 237 

Riddle,  K  W 236 

Rose,  sureties  of  Wm.  F 247 

Royer,  Wm.  0.  (and  another,  as  school  trustees)  .....  253 

Scogin,  A 2.52 

Scale,  B.  F 246 

Sherod,  administrator  of  James  B 237 

Spinks,  W.  P 247 

Walker,    William  D 252 

Warren,  Levi  F.  (with  others) 247 

White,  Griffin 253 

White,  Pfister  &  Co 264 

Williamson,  Thos.  W.  (with  others).......  254 

Wilson,    James  R.    (with  others) 254 

Wood,  Georgia  Ann 242 

Wright,  James  M 264 

Wyatt.  Cornelia  J 240 

Tax  assessor  of  Pickens  county 243 

William  Johnson  and  other  tax  collectors 243 

Citizens  of  Pine  Level,  Montgomery  county 257 

Citizens  of  township  12,  range  22,  Pike  county ....  255 

Slaves  of  A.  G.  Abercrombie,  deceased 259 

First  Alabama  Cavalry  regiment 234 

Act  amending  said  act 235 

Soldiers'  Home  in  Montgomery,  and  Aid  Association 

atHimtsville 232 


293 

RELIEF— (Continued.) 

Military  Aid  Society  of  Mobile ." 233 

RETAILING— 

Prohibited  near  Mulberry  Academy  in  Bibb  county       172 

Prohibited  near  Scottville  in  Bibb  county 173 

Prohibited  near  Harmony  and  Presbyterian  Churches 

in  Franklin  county 173 

Prohibited  near  Shorterville  Church  in  Henry  county       174 
Prohibited  near  Bethel'  Church  in  Jefterson  county       174 

Regulated  in  Danville  district,  in  Morgan  county 175 

Prohibited  near  Spring-  Hill  Church,   Perry  county, 

and  Liberty  Baptist  Church,  Pickens  county 175 

Prohibited  near  Silver  Run  Church,  Russell  county       176 
Prohibited  near   Friendship  Church  and   Academy, 

St.  Clair  count}* 176 

Prohibited,  conditionally,  near  Branchville,  St.  Clair 

county 177 

Act  modifying  act  of  Dec.  17,  1859,  prohibiting  re-. 

tailing  within  certain  limits  in  Tuskaloosa 178 

Prohibited  near  Presbyterian  Church  at  Lower  Peiich 

Tree,  Wilcox  county 178 

License  regulated  in  Montgomery  count}- 221 

Section  1056  of  Code  amended  as  to  Walker  county       229 
Act  of  1858,    prohibiting  retailing   in    Pine   Level, 

Montgomery  county,  repealed 257 

Act  amending  charter   of  Indian    Creek   Academy, 

Pike  county,  by  repealing  prohibitory  clause 93 

Act  amending  charter  of  Jasper  Academy,  Walker 

county,  by  adding  prohibitory  clause '.'I 

RIDDLE,  N.  W.— 

Actfor  relief  of.  236 

ROADS— 

Act  authorizing  erection  of  gates  by   county   com- 
missioners           60 

•    Act  authorizing  establishment  of  private  roads 68 

Act  authorizing  erection  of  gates  by  Mrs.  Lucy  Little, 

of  Sumter  county 225 

Act  of  1860,  authorizing  construction  of  turnpike  by 

Dennis  Springer,  amended 226 

Act  exempting  ministers  of  Gospel  from   road  duty 

in  Walker 227 

Act  authorizing  erection  of  gates  by  L.  VV.  Trawicke, 

in  Butler 197 

Act  authorizing   the   erection   of   gates   by  James 

Porter,  in  Autauga 221 


294 


w  .*  . 


ROADS—  (CONTIIs-UED.) 

Act  requiring  justices  of  the  peace  in  Coflfee  to  per- 
form duties  of  road  apportioners,  and  making  con- 
stables liable  to  road  duty 202 

Actrepealingspecial  road  lawsin  Conecuh  and  Monroe  203 
Act  relative  to  appointment  of  overseers  and  appor- 
tioners in  Greene,  Autauga,  and  Sumter 207 

Act  repealing  special  road  law  in  Madison 208 

Act  amending  road  law  in  Marengo 209 

Act  repealing  special  road  law  of  1858  in  Russell  222 
Act  exempting  overseers  and  apportioners  from  road 

duty  in  Shelby 224 

ROSE,  W.  F.—     , 

Act  for  relief  of  sureties  of 247 

ROYER,  W.  0.— 

Act  for  relief  of,  (with  another) 253 

RUSSELL  COUNTY— 

Act  prohibiting  retailing  near  Silver  Run  Church....  176 

Act  repealing  special  road  law  of  1858 222 

Act  allowing  appeal  to  county  superintendent 223 

SALT— 

Act  to  encourage  manufacture  of ,  25 

Act  amending  said  act 27 

Act  supplemental  to  said  acts 28 

Act  authorizing  Governor  to  seize  for  public  use 29 

Act  amending  10th  section  of  said  act 31 

Act  amending  7th  section  of  same 32 

Act  declaratory  of  meaning  of  same. 32 

SCOGIN,  A.— 

Act  for  relief  of. 252 

SEALE,  B.  F.— 

Act  for  relief  of 246 

SECRETARY  OF  STATE— 

Required  to  procure  exchange  of  laws... 71 

Required  to  have  records  of  land  patents  indexed....  90 

SECURITY  FOR  COSTS— 

Act  amending  section  2359  of  Code 69 

SHELBY  COUNTY— 

Exempted  from  operation  of  section    2447  of  Code  18 

Charter  of  Montevallo  amended 96 

Act  repealing  act  of  Feb.  8th,  1861,  changing  boun- 
dary line  between  Jefferson  and  Shelby 207 

Act  repealing  special  game  law   of  Feb.  8th,  1861...  225 

Act  compensating  election  officers 224 


295 

SHELBY  COUNTY— (Continued.) 

Act  exempting  overseers  and  apportioners  from  road 

duty 224 

SHERIIOD,  JAMES  B.— 

Act  for  relief  of  administrator  of. 237 

SIXTEENTH  SECTIONS— 

Act  reviving  and  extending  extension  law  of  I860....         65 

Act  relative  to  debts  due  township  5,  range   22,  in 

Coffee  county , 182 

Act   authorizing  sale' of  property   of  township    16, 

range  17,  in  Montgonierv  county 183 

Act   granting   appeal   from  decision  of  trustees   to 

county  superintendent 223 

Act   for   the   relief  of  trustees  of  township  3,  range 

14,  in  Franklin  county 253 

Act  for  relief  of  citizens  of  township  12,  range  22, 

in  Pike  county 255 

SLAVES— 

Act  amending  section  1023  of  Code  (runaways) 15 

,      Act  for  the  relief  of  A.  G.  Abercrombie's 250 

SMITH,  JOHN  D.— 

Act  authorizing  removal  of  administration  of  estate       190 
SPINKS,  WM.  P.— 

Act  for  relief  of. 247 

SPRINGEK,  DENNIS— 

Authorized  to  construct  turnpilje  across  Sipsie  river       226 
ST.  CLAIK  COUNTY— 

Excepted  from  operation  of  section  2447  of  Code 18 

Act  prohibiting  retailing  near  Friendship  Church 176 

Act  prohibiting  retailing  near  Branehville 177 

STATE  BONDS— 

Act  for  renewal  and  extension  of. 63 

STATE  LIBRARY— 

Act  authorizing  exchange  of  books  for 71 

STAY^  LAW — See  Judicial  Proceedings. 
SUMTER  COUNTY— 

Act  amending  charter  of  Gainesville 95 

Act  amending  section  499  of  Code  (compensation  of 

county  commissioners) 224 

Act  relative  to  appointment  of  overseers  and  appor- 
tioners of  roads 207 

SURETIES— 

Act  amending  sections  2645  and  2649  of  Code..  19 

TALLADEGA  COUNTY— 

Act  authorizing  levy  of  special  tax 226 


296 

TAXES— 

Act  for  relief  of  tax  payers  and  collectors 3 

Act  to  raise  revenue  from  crops  loaned,  &c 3 

Act  to  provide  fund  for  aid  of  indigent  families  of 

volunteers '. 4 

Act  exempting  counties  from  operation  of  said  act         82 

Act  in  relation  to  tax  assessors  and  collectors 8 

Act  assuming  Confederate  war  tax 8 

Bills. of  suspended  banks  and  treasury  notes  receiva- 
ble in  payment  of,  (sec.  6,  7.) , 21 

Act  authorizing  repayment  of  excess  paid  by  collector         66 
Act  exempting  property  of  volunteers  from  taxation         81 
Act  legalizing  imposition  of  taxes  by  county  commis- 
sioners for  equipment  of  volunteers,  &c 171 

Act  authorizing  levy  of  special  tax  in  Butler 199 

Act  authorizing  appointment  of  collector  in  Calhoun       199 

Act  authorizing  levy  of  special  tax  in  Cheijokee 201 

Act   repealing    act    of   1858,    authorizing    levy   of 

special  tax  in  Marshall 208 

Act  authorizing  levy  of  special  tax  in  Talladega 226 

Act  authorizing  election  of  assessor  and  collector  in 

Walker ., 228 

Act  for  relief  of  assessor  in  Pickens. 243 

Act  for  relief  of  collectors 243 

THOMAS,  WM.  S.  AND  REBECCA— 

Act  divorcing ^ 91 

THOMPSON,  JAMES  H.— 

Guardian  of  minor  heirs  authorized  to  purchase  lands       192 

THREE  PER  CENT.  FUND— 

Act  appropriating  balance  of. 41 

TRAWICKE,  L.  W.— 

Authorized  to  erect  gates  across  public  road 197 

TRESPASS— 

Act  to  prevent  commission  of. 61 

TRUSTEES— 

Act  for  relief  of 235 

TUSKALOOSA  COUNTY— 

Act  modifying  special  act  of  1859,  prohibiting  retail- 
ing near  New  Lexinofton 178 

Act  making  city  of  Tuskaloosa  a  military  rendezvous       185 
Act  amending  and  explaining  said  act 187 

WALKER  COUNTY- 

Act  amending  charter  of  Jasper  Academy,   and   re- 
pealing act  of  1858  to  define  boundaries  of  J  asper. . .         94 
Act  to  secure  payment  of  fees  of  circuit  clerk 227 


297 

WALKER  COUNTY— (Continued.) 

Act  exempting  ministers  of  the  Gospel  from  road  dutj      227 

Act  authorizing  payment  of  certain  county  claims...       228 

Act  authorizing  election  of  assessor  and  collector 228 

Act  amending  section  1056  of  Code,  (retailin"-\  S^'O 

WALKER,  W.D.—  ^^  

Act  for  relief  of. 059 

WARREN,  L.  F.—  "  " 

Act  for  relief  of,  (with  others) 947 

WATSON,  H.  W.—  

Appropriation  in  favor  of,  (sec.  5.) 9 

WHITE,  GRIFFIN— 

Act  for  relief  of. 053 

WHITE,  PFISTER  &  CO.— 

Act  for  relief  of. 034 

WILCOX  COUNTY— 

Act  prohibiting  retailing  near  Lower  Peach  Tree 178 

Act  relative  to  public  advertisements 229 

AYILLIAMSON,  TIIOS.  W.— 

Act  authorizing  issue  of  patent  to  (with  others) 254 

WILSON,  JAMES  R._  ^  ^  ^ 

Act  authorizing  issue  of  patent  to 254 

WINSTON  COUNTY— 

Act  dividing  county  into  districts 930 

WOOD,  GEORGIA  ANN— 

Act  for  relief  of. 242 

WRIGHT,  JAMES  M.— 

Act  for  relief  of. , 054 

WYATT,  CORNELIA  J.— 
Act  for  relief  of. 240 


298 


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